What are the elements of possession of a drug?
California, United States of America
The following excerpt is from People v. Wesley, 224 Cal.App.3d 1130, 274 Cal.Rptr. 326 (Cal. App. 1990):
[224 Cal.App.3d 1139] First, the source of the contraband is not an element of the crime (possession of cocaine) with which defendant was charged. "The elements of the crime of possession of narcotics are physical or constructive possession thereof coupled with knowledge of the presence of the drug and its narcotic character. [Citations.]" (People v. White (1969) 71 Cal.2d 80, 82-83, 75 Cal.Rptr. 208, 450 P.2d 600.)
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