Section 14.96 Unusable Trace

• Library: Criminal Practice 2012 Supp

b. (§14.96) Unusable Trace

Sometimes the amount of controlled substance in question is so tiny that it is unusable or was totally destroyed during testing. Some courts have held these infinitesimal amounts to be noncriminal. People v. Leal, 413 P.2d 665 (Cal. banc 1966). In State v. Young, 427 S.W.2d 510 (Mo. 1968), it was held that a “modicum” of an illegal drug is sufficient. As to marijuana, § 195.202, RSMo 2000, makes possessing or controlling 35 grams or less a misdemeanor. Some courts have held that...