A person who possesses any controlled substance which is classified in Schedule III, IV or V and which is not a narcotic drug may be charged with Methamphetamine (Possession).
What does the prosecutor have to prove?
1. Defendant exercised control over a controlled substance;
2. Defendant knew of its presence;
3. Defendant knew its nature as a controlled substance;
4. The substance was in a usable quantity sufficient to be used; [People v Williams (1971) 5 Cal.3d 211, 215]
5. Defendant has one or more prior convictions for an offense specified under PC 667(e)(2)(C)(iv); OR
5. Defendant has one or more prior convictions requiring registration pursuant to PC 290(c). [Cal Crim No. 2304]
With probation 0-364 days
Misdemeanor: 0-364 days