Elements of a Sale and Transportation for Sale of a Controlled Substance
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In order to convict a defendant of selling, transporting for sale, importing into California, furnishing, administering or giving away a controlled substance (the “prohibited acts”), the prosecution must prove the following facts:
🔹Prohibited Act Occurred – Defendant did one of the prohibited acts.
🔹Knowledge – Defendant knew the controlled substance was present, even if he did not know precisely which controlled substance was present.
🔹Quantity – Defendant possessed an amount of the controlled substance that was enough to reasonably infer that it that it was to be sold or distributed for sale.
🔹Additionally, the prosecution must prove the following facts to convict a defendant of offering to sell, import into California or transport a controlled substance.
🔹An Actual Offer – Defendant actually offered to do one of these prohibited acts.
🔹Intent – Defendant intended to carry out the offer.
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