People v. Polk

RAPHAEL, J., Concurring.

*349*357Is there any quantity of a controlled substance that is too small to be a "usable quantity" under California law?

Our answer in today's opinion, at least in my view, is no. I join the opinion but write to explain this answer. Under our reading of existing law, the "usable quantity" element-counter to the ordinary meaning of those words-does not actually depend on the quantity of the drug in the defendant's possession. In this case, any measurable quantity of methamphetamine would suffice to support defendant's conviction; we hold that a small quantity of that drug…