What is the test for possession of a crystalized substance later stipulated to contain heroin?

California, United States of America


The following excerpt is from People v. Rubacalba, 23 Cal.Rptr.2d 628, 6 Cal.4th 62, 859 P. 2d 708 (Cal. 1993):

In People v. Leal (1966) 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d 665, the defendant possessed "a small spoon on which was encrusted one-half grain (approximately 32 milligrams) of crystallized substance later stipulated to contain heroin." (Id., at p. 505, 50 Cal.Rptr. 777, 413 P.2d 665.) We found that "in penalizing a person who possesses a narcotic the Legislature proscribed possession of a substance that [6 Cal.4th 65] has a narcotic potential; it condemned

Page 630

With one possible exception, discussed below, the decisions construing People v. Leal, supra, 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d 665, limit its holding to substances useless in form or quantity. There is no requirement that any particular purity or potential narcotic effect be proven.

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