California, United States of America
The following excerpt is from People v. Romero, 55 Cal.App.4th 147, 64 Cal.Rptr.2d 16 (Cal. App. 1997):
Much as in Garringer, the jury was instructed: "Cocaine and phencyclidine are both controlled substances. It is no defense to the charge of possession of phencyclidine that the defendant believed he possessed cocaine. If the proof shows that the defendant knew that he possessed a controlled substance but believed it was cocaine, when the substance was actually phencyclidine, he is not relieved of criminal responsibility by reason of this mistake on his part in identifying the chemical nature of the controlled substance possessed by him." (People v. Guy, supra, 107 Cal.App.3d at p. 600, fn. 5, 165 Cal.Rptr. 463.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.