People v. Martin

In People v. Mijares (1971) 6 Cal.3d 415 (Mijares), this court held that, under limited circumstances, momentary or transitory possession of an unlawful narcotic for the sole purpose of disposing of it can constitute a defense to a charge of criminal possession of the controlled substance. (Id. at p. 419.) Nearly two decades later, the court in People v. Cole (1988) 202 Cal.App.3d 1439 (Cole) read our decision in Mijares as holding that "possession of illegal drugs solely for the purpose of disposal does not constitute unlawful possession," and further concluded the defense "is not limited to possession for `brief moments only." (Id. at p. 1445, italics in orig.)