Every person who possesses for sale or purchases for purposes of sale any controlled substance may be charged with Possession for Sale.
What does the prosecutor have to prove?
1. Defendant exercised control over a controlled substance.
2. Defendant knew of its presence.
3. Defendant knew it was a controlled substance.
4. The substance was in a usable quantity sufficient to be used. [P v Williams (1971) 5 Cal.3d 211] [Cal Crim No. 2302]
With probation 0-364 days