What is the current state of the law on the test for evidence that the substance was methamphetamine?

California, United States of America


The following excerpt is from People v. Allen, C058736 (Cal. App. 8/20/2009), C058736 (Cal. App. 2009):

But later cases emphasize that proof of the nature of a substance may be shown by circumstantial evidence. (People v. Palaschak (1995) 9 Cal.4th 1236, 1241-1242.) And there is no strict bar against evidence from users. (People v. Chrisman (1967) 256 Cal.App.2d 425, 433-434 ["Although the teetotaller would not be expected to distinguish between bourbon and scotch, once a person imbibes regularly, his opinion on that subject should be relevant, and, under the general rules, be weighed in the light of his experience"].) Here, the evidence shows it was more likely than not that the substance was methamphetamine.

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