A person found to be under the influence of any controlled substance or narcotic drug may be charged with Under the Influence of Drugs.
What does the prosecutor have to prove?
1. Defendant willfully used a controlled substance.
2. Defendant was under the influence of the controlled substance. [Usage within 48 hours constitutes current use (People v Jones (1987) 189 Cal.App.3d 398, 405-406)]. [Cal Crim No. 2400]
Misdemeanor: 0-364 days