Does personal possession of a weapon disqualify a defendant arrested for simple possession of drugs?

California, United States of America


The following excerpt is from People v. Edwards, 1 Cal.Rptr.2d 631, 235 Cal.App.3d 1700 (Cal. App. 1991):

Moreover, before section 11370.1, it was not at all clear that personal possession of a weapon would disqualify from diversion a defendant arrested for simple possession of a small amount of drugs. For instance, in People v. Macafee (1980) 109 Cal.App.3d 808, 167 Cal.Rptr. 495, the defendant had been arrested for disorderly conduct and

Page 635

Similar reasoning has been applied to the arming enhancement statute, Penal Code section 12022. In People v. Miley (1984) 158 Cal.App.3d 25, 204 Cal.Rptr. 347, the court held the defendant's act of handing a gun to a solicitee during an aborted solicitation for murder did not invoke the arming statute, because the defendant did not carry the firearm as an instrument of offense or defense during the solicitation. (Id., at pp. 32-33, 204 Cal.Rptr. 347.)

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