People v. Davis

CHIN, J., Concurring.

I concur. The People proved that the blue pills defendant sold to the undercover police officer contained 3,4-methylene-dioxymethamphetamine (MDMA), commonly known as Ecstasy, but it failed to prove that MDMA is a controlled substance. Accordingly, defendant’s convictions of selling and possessing a controlled substance cannot stand.

It appears that MDMA is a controlled substance, specifically, that it is either an analog of, or contains, a controlled substance, either amphetamine or methamphetamine. (People v. Becker (2010) 183 Cal.App.4th 1151, 1155-1156 [107 Cal.Rptr.3d…