Is possession not an essential element of the transportation of marijuana?

California, United States of America


The following excerpt is from People v. Thomas, 231 Cal.App.3d 299, 282 Cal.Rptr. 258 (Cal. App. 1991):

In support of this position appellant relies on People v. Rogers (1971) 5 Cal.3d 129, 95 Cal.Rptr. 601, 486 P.2d 129. In Rogers, the court observed that possession of contraband is not an essential element of transportation, since one may transport contraband that is in the exclusive possession of another. Accordingly, the court held that the defendant's acquittal of possession of marijuana did not necessarily preclude a conviction of transportation of marijuana. In a footnote, however, the court qualified this statement: "In cases where defendant's possession is incidental to, and a necessary part of, the transportation charged, and no prior, different or subsequent possession is shown, the offense of possession is deemed to be necessarily included in the offense of transportation, and defendant may not be convicted of both charges. [Citations.]" (5 Cal.3d at p. 134, fn. 3, 95 Cal.Rptr. 601, 486 P.2d 129.)

Other Questions


Is possession of cocaine an essential element of transportation? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
What is the test for section 654 of the California Criminal Code for possessing and transporting methamphetamine and marijuana? (California, United States of America)
Does possession of a firearm constitute a necessary element to the offense of transportation? (California, United States of America)
Under what circumstances will the elements test be used to determine that possession of drugs is not included in the transportation of drugs? (California, United States of America)
What are the essential elements of possession of a controlled substance? (California, United States of America)
What are the essential elements of possession of a controlled substance? (California, United States of America)
Does the addition of a specific intent to sell as an element of transportation under section 11379 render possession for sale a lesser included offence? (California, United States of America)
What are the essential elements of possession of a controlled substance? (California, United States of America)
What are the essential elements of unlawful possession of a controlled substance? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.