Is possession of a small amount of cannabis a lesser and necessarily included offense within the crime of sale of narcotics?
California, United States of America
The following excerpt is from People v. Godfrey, 134 Cal.Rptr. 479, 64 Cal.App.3d 348 (Cal. App. 1976):
4 People v. Francis, 71 Cal.2d 66, 72-73, 75 Cal.Rptr. 199, 450 P.2d 591 indicates that possession is a lesser and necessarily included offense within the crime of sale of narcotics under factual circumstances similar to the instant case. Therefore, even the basis of People's objection is probably incorrect.
5 Penal Code section 1159 provides:
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