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F 12.03 n1 Offer To Sell Controlled Substance: Definition of Administer.
The term “administer” is defined in CJ 12.07. (See also FORECITE F 12.07a.)
F 12.03a
Offer To Sell Controlled Substance: Knowledge Requirement
*Add the following element to CJ 12.03:
3. Such person had knowledge of its nature as a controlled substance.
Points and Authorities
Just as knowledge is an element of possession, possession for sale and sale of a controlled substance (CJ 12.00, CJ 12.01 and CJ 12.02) so too is it an element of an offer to sell. (See People v. Innis (71) 16 CA3d 175, 178-79 [93 CR 829].)
Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. [See generally, FORECITE PG VII(C).]