What is the defense of momentary handling of a controlled substance for the sole purpose of disposal?
California, United States of America
The following excerpt is from People v. Mower, 122 Cal.Rptr.2d 326, 28 Cal.4th 457, 49 P.3d 1067 (Cal. 2002):
8. Included are the defense of momentary handling of a controlled substance for the sole purpose of disposal, against a charge of possession of such a substance (People v. Spry, supra, 58 Cal.App.4th at pp. 1367-1369, 68 Cal.Rptr.2d 691), and the so-called defense of necessity against a charge of escape from lawful custody (People v. Waters (1985) 163 Cal.App.3d 935, 937-938, 209 Cal.Rptr. 661; People v. Condley (1977) 69 Cal.App.3d 999, 1008-1013, 138 Cal.Rptr. 515). Whether either of these defenses properly requires a defendant to prove its underlying facts by a preponderance of the evidence is a question we need not, and do not, reach.
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