What are the essential elements of possession of a controlled substance?
California, United States of America
The following excerpt is from In re Irvin, G041010 (Cal. App. 5/29/2009), G041010. (Cal. App. 2009):
"The essential elements of possession of a controlled substance are `dominion and control of the substance in a quantity usable for consumption or sale, with knowledge of its presence and of its restricted dangerous drug character. Each of these elements may be established circumstantially.' [Citations.]" (People v. Palaschak (1995) 9 Cal.4th 1236, 1242.) On appeal, defendant argues there was insufficient evidence he had dominion and control of the drugs, or had knowledge of their character.
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