Every person who unlawfully possesses any amount of a substance containing cocaine base, heroin, methamphetamine, a crystalline substance containing phencyclidine or other controlled substances while armed may be charged Possession of a Controlled Substance While Armed.
What does the prosecutor have to prove?
1. Defendant exercised control over a controlled substance.
2. Defendant knew of its presence.
3. Defendant knew of it was a controlled substance.
4. The substance was in a useable quantity.
5. Defendant did so while armed with a loaded, operable firearm. [Cal Crim No. 2303]
With probation 0-364 days