In what circumstances will a defendant not be convicted of possession of a controlled substance?
California, United States of America
The following excerpt is from People v. Bustamante, 2d Crim. No. B258313 (Cal. App. 2015):
In deciding the sufficiency of the evidence, we must draw all reasonable inferences from the record in favor of the judgment. We do not weigh the evidence or resolve conflicts in the testimony. (People v. Maury (2003) 30 Cal.4th 342, 403.) We do not decide the credibility of the witnesses. These are matters exclusively within the domain of the trier of fact. (Ibid.; People v. Scott (1978) 21 Cal.3d 284, 296-297.)
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To obtain a conviction of the crime of possession of a controlled substance, the People must prove the defendant 1) possessed a usable amount of a controlled substance, and 2) had "knowledge of" its presence. (People v. Rubacalba (1993) 6 Cal.4th 62, 64.) A defendant may not be convicted when the "substance possessed simply cannot be used." (Id. at p. 66.) Convictions for possession have been sustained where the amounts of narcotics possessed were "in minute quantities." (People v. Karmelich (1979) 92 Cal.App.3d 452, 456.)
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