California law states that it is unlawful to visit or to be in any room or place where any controlled substances are being unlawfully smoked or used with knowledge that such activity is occurring. Violators may be charged with Aiding and Abetting Unlawful Use of Controlled Substance. The statute shall apply only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance.
What does the prosecutor have to prove?
1. Defendant knowingly, willfully and intentionally was in a place where a controlled substance was being smoked or used.
2. Defendant knew that such activity was occurring.
3. Defendant aided, or abetted the perpetration of the unlawful smoking or use of a controlled substance. [Cal Crim No. 2401]
Misdemeanor: 0-180 days