What is the defense of temporary possession for purposes of disposal?

California, United States of America


The following excerpt is from People v. Hurtado, 47 Cal.App.4th 805, 54 Cal.Rptr.2d 853 (Cal. App. 1996):

The defense of temporary possession for purposes of disposal arose from People v. Mijares (1971) 6 Cal.3d 415, 99 Cal.Rptr. 139, 491 P.2d 1115. There, the "principal question presented [was] whether the act of handling a narcotic for the sole purpose of disposal constitutes 'possession' within the meaning of" former Health and Safety Code section 11500. (Id., at p. 417, 99 Cal.Rptr.

Page 856

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