California, United States of America
The following excerpt is from People v. Mills, E045470 (Cal. App. 12/26/2008), E045470. (Cal. App. 2008):
"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.) "[T]he nature of a substance, like any other fact in a criminal case, may be proved by circumstantial evidence. [Citations.] It may be proved, for example, by evidence that the substance was a part of a larger quantity which was chemically analyzed [citations], by the expert opinion of the arresting officer [citation], and by the conduct of the defendant indicating consciousness of guilt. [Citation.]" (People v. Sonleitner (1986) 183 Cal.App.3d 364, 369, italics added.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.