What is the test for being under the influence of an illegal substance?

California, United States of America


The following excerpt is from People v. Morales, 104 Cal.Rptr.2d 582, 18 P.3d 11, 25 Cal.4th 34 (Cal. 2001):

Certainly, evidence of being identifiably under the influence of a specific drug or other evidence of having introduced it into one's body tends to prove having knowingly, and hence unlawfully, possessed it. "Intoxication has obvious relevance to the question of awareness, familiarity, understanding and the ability to recognize and comprehend" the presence of an illegal intoxicating drug. (People v. Foster (1971) 19 Cal.App.3d 649, 655, 97 Cal.Rptr. 94.)

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