In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale?

In People v. Walker, supra, 237 Cal.App.4th 111, the court held an instruction should have been given for simple possession of marijuana to the charged offense of possession of marijuana for sale, because the police did not observe any sales activities or find scales or documents to indicate sales activity; the defendant possessed a medical marijuana card and claimed the marijuana was for his own personal medical use; and the other evidence did not compel the conclusion of his intent to sell. (Id. at p. 117.)

In People v. Douglas (1987) 193 Cal.App.3d 1691, the court held the failure to instruct on simple possession as a lesser included offense of possession for sale was not

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