Legal Question in Criminal Law in California

Quantity of a drug required to charge possession

I was busted with 100th (.01) of a gram of Methamphetamine and was told if it is "manipulatable", it is bustable. Also what amount is required to test it?


Asked on 8/20/00, 3:14 am

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: Quantity of a drug required to charge possession

The question here is not whether it is "manipulable" but whether it is a "usable quantity". This means that the amount has to be sufficient to get high. The prosecution has the burden of establishing that the amount is a usable quantity. This would seem to depend not only on its quantity but its potency. I suggest that you consult with a toxicologist who can give some indication about whether this amount is "usable" and the amount that would be consumed in testing.

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Answered on 9/25/00, 4:17 pm


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