How have instructions been interpreted in the context of marijuana possession cases?

California, United States of America


The following excerpt is from People v. Speaks, 120 Cal.App.3d 36, 174 Cal.Rptr. 65 (Cal. App. 1981):

"It may be possible to argue that taking the instructions as a whole, they were sufficient to have informed the jury in a general roundabout way that before defendant could be convicted of ... the possession of marijuana the evidence must show his knowledge of the presence of said property in his box; but since knowledge, in that limited sense, is an essential element of the offense, he was entitled under the circumstances to a specific instruction such as the requested instruction, to clarify the situation." (People v. Gory, supra, 28 Cal.2d 450, 458-459, 170 P.2d 433.)

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