Does section 545 of the Criminal Code include the elements of the alleged 176a crime?

We disagree. The essential elements of the section 545 crime include those which constituted the alleged 176a crime.³ True, section 545 is generic in scope, covering "any merchandise," while 176a is limited, being restricted solely to marihuana. But marihuana is merchandise United States v. Scott, 425 F.2d 55 (9th Cir. 1970) and "a lesser-included offense instruction is only proper where the charged greater offense requires the jury to find a disputed factual element which is not required for conviction of the lesser-included offense." Sansone v. United States, 380 U.S. 343, 350, 85 S.Ct. 1004, 1009, 13 L. Ed.2d 882 (1965).