It is a crime to transport, import into the state, sell, furnish, administer or give away, or offer to transport any controlled substance or narcotic drug. Violators may be charged with Sale/Transportation.
What does the prosecutor have to prove?
1. Defendant transported, sold, furnished, administered, or gave away a controlled substance. OR
1. Defendant offered to transport, sell, furnish, administer, or give away a controlled substance.
2. Defendant knew of the controlled substance’s presence.
3. Defendant knew it to be a controlled substance. [Rideout v Superior Court (1967) 67 Cal.2d 471] [People v Rogers (1971) 5 Cal.3d 129] [Cal Crim No. 2300]
With probation 0-364 days