What is the test for possession of a controlled substance?

To secure a conviction of a violation of possession for sale of a controlled substance, the prosecution must prove beyond a reasonable doubt that the defendant possessed a controlled substance in an amount sufficient to be used "for sale or consumption as a controlled substance," and that defendant had the specific intent to sell it. (People v. Parra (1999) 70 Cal.App.4th 222, 225-226 (Parra).)⁵ On appeal, defendant contends the People failed to prove he possessed a sufficient amount of methamphetamine for sale, ignoring that the standard is an amount for sale or consumption.⁶

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To establish the defendant possessed a sufficient amount of a controlled substance for sale or consumption, the prosecution must prove only that the substance was in a usable form or quantity. (People v. Rubacalba (1993) 6 Cal.4th 62, 66 (Rubacalba) [affirming conviction for possession of cocaine based on an item containing cocaine and weighing one-tenth of a gram].) The prosecution need not prove the purity or potential narcotic effect of the drug. (Ibid.) The "usable-quantity rule prohibits conviction only when the substance possessed simply cannot be used, such as when it is a blackened residue or a useless trace. It does not extend to a substance containing contraband . . . if the substance is in a form or quantity that can be used." (Ibid. citing People v. Leal (1966) 64 Cal.2d 504.)