What is the test for prior drug use in drug possession cases?

California, United States of America


The following excerpt is from People v. Chavez, F063170 (Cal. App. 2013):

We begin with the limited admissibility of prior drug use in narcotics prosecutions. "The crime of possession of methamphetamine consists of four elements: (1) defendant exercised control over or the right to control an amount of methamphetamine; (2) defendant knew of its presence; (3) defendant knew of its nature as a controlled substance; and (4) the substance was in an amount usable for consumption. [Citations.]" (People v. Tripp (2007) 151 Cal.App.4th 951, 956 (Tripp), italics in original.)

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