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88.5 Drugs, Controlled Substances: Attempted Possession

    88.5.1 Drugs, Controlled Substances: Attempted Possession -- Desire To Purchase Drugs And Attempt To Negotiate A Deal Not Sufficient
    88.5.2 Impossibility As Defense Theory To Attempted Purchase Of Controlled Substance
    88.5.3 Attempted Possession: Requirement That Defendant Believed The Substance Was An Illegal Drug Or Controlled Substance
    88.5.4 Attempted Possession Of Drugs, Controlled Substances: Verbal Agreement Not Sufficient
    88.5.5 Attempted Possession Of Drugs, Controlled Substances: As Lesser Included Offense Of Possession For Sale Or Distribution

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PRACTICE NOTE: "When key elements of the drug deal are incomplete, making an appointment with a known drug supplier, even one who has previously fronted drugs to the defendant at a fixed price ... 'is not of itself such a commitment to an intended crime as to constitute an attempt, even though it may make a later attempt possible.' [Citation.]" (U.S. v. Yossunthorn (9th Cir. 1999) 167 F3d 1267, 1272-73; see also U.S. v. Cea (7th Cir. 1990) 914 F2d 881, 887-88 [no attempt where defendant left home following a phone call in which he agreed to meet agents presumably to pick up the drugs; no evidence that location had been agreed on for the meeting or that defendant had the money with him to purchase the drugs].)

See generally, FORECITE National™ 305.4.9 [Drug Offenses].

See generally, FORECITE National™ 88.4.1.2 [Drugs, Controlled Substances: Federal Circuit Model Instructions And Notes].

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PRACTICE NOTE: A defendant who has no money or ability to purchase may not be convicted of an attempt to purchase a controlled substance or illegal drug merely because the defendant approached the potential seller and asked to buy cocaine. (Guzman v. State (GA 1992) 424 SE2d 849, 851-52; compare U.S. v. Belardo-Quinones (1st Cir. 1995) 71 F3d 941, 944 [impossibility defense rejected where defendant was unaware of the impossibility].)

    See also FORECITE National™ 66.3 [Attempt: Defense Of Impossibility].

See generally, FORECITE National™ 305.4.9 [Drug Offenses].

See generally, FORECITE National™ 88.4.1.2 [Drugs, Controlled Substances: Federal Circuit Model Instructions And Notes].

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 VOLUME 7 - CHAPTER 88

    See FORECITE National™ 66.5.2 [Attempted Possession Of Controlled Substance: Defense Theory That Defendant Did Not Believe The Substance To Be A Controlled Substance].

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    See FORECITE National™ 66.2.6 [Attempt: Verbal Agreement Not Sufficient].

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    See FORECITE National™ 66.5.1 [Attempted Possession As Lesser Included Offense Of Possession For Sale Or Distribution].