What are the elements of the crime of possession of a controlled substance?

California, United States of America


The following excerpt is from In re M.P., A121413 (Cal. App. 12/30/2008), A121413 (Cal. App. 2008):

The elements of the crime of possession of a controlled substance are: (1) dominion and control of the substance; (2) in a quantity that is usable for consumption or sale; (3) with knowledge of its presence and character; and (4) with intent to sell. All the elements may be established by circumstantial evidence. (People v. Palaschak (1995) 9 Cal.4th 1236, 1242; People v. Harris (2000) 83 Cal.App.4th 371, 374.)

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