How have courts interpreted the phrase "it is what it is" in the context of drug possession?

California, United States of America


The following excerpt is from People v. Griego, B283947 (Cal. App. 2018):

5. Although we have not found any California cases interpreting the phrase "it is what it is," a Tennessee appellate court examined the phrase in the context of a case with similar facts. (See State v. Welch (Tenn. Crim. App., Oct. 13, 2016, No. M201500361CCAR3CD) 2016 WL 5944999.) In that case, the defendant was asked during a police interrogation about suspected drug paraphernalia found in his home, to which he responded, " 'it is what it is.' " The Tennessee appellate court noted that a reasonable juror could conclude this statement was an implicit admission that the items were, in fact, drug paraphernalia. (Id. at p. *15.)

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