Marijuana Sale Prosecution - California Health and Safety Code Section 11360
To prove that the defendant is guilty of selling marijuana in California, the prosecution must prove that:
- The defendant sold a controlled substance;
- The defendant knew of its presence;
- The defendant knew of the substance's nature or character as a controlled substance; AND
- The controlled substance was marijuana.
"Selling" means exchanging marijuana for money, services, or anything of value.
The prosecution does not need to prove that the defendant knew which specific controlled substance he or she possessed, only that he or she was aware of the substance's presence and that it was a controlled substance.
A person does not have to actually hold or touch something to sell it. It is enough if the person has control over it, or the right to control it, either personally or through another person.
Offering to Sell Marijuana Prosecution - California Health and Safety Code Section 11360
To prove that the defendant is guilty of offering to sell marijuana, the prosecution must prove that:
- The defendant offered to sell marijuana, a controlled substance; AND
- When the defendant made the offer, (he/she) intended to sell the controlled substance.
"Selling" means exchanging marijuana for money, services, or anything of value.
No Requirement That Defendant Delivered or Possessed Drugs
Specifically for offering to sell marijuana, the prosecution does not need to prove that the defendant actually possessed the marijuana. A defendant may be convicted of offering to sell marijuana even if there is no evidence that he or she delivered or ever possessed any controlled substance.
