Every person who agrees to unlawfully sell , transport or give any controlled substance and provides other materials in lieu of any such controlled substance may be charged with Sale of Imitation Controlled Substances.
What does the prosecutor have to prove?
1. Defendant agreed to sell a controlled substance. 2. Defendant then sold another substance in lieu thereof. 1a. Defendant agreed, consented, or in any manner offered to unlawfully sell, furnish, transport, administer, or give a controlled substance to a person. or 1b. Defendant offered, arranged, or negotiated to have such controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to a person. and 2. Defendant sold, delivered, furnished, transported, administered, or gave, or offered, arranged, or negotiated to have sold, delivered, transported, furnished, administered, or given to a person a liquid, substance, or material in lieu of controlled substance. Misdemeanor: 1. Defendant agreed to sell, etc. substance, a controlled substance.
2. Defendant then sold, etc. another substance in lieu thereof. [Cal Crim No. 2315]
With probation 0-364 days
Misdemeanor: 0-364 days