What is the test for unlawful possession of a controlled substance for sale?

California, United States of America


The following excerpt is from People v. Galindo, B280906 (Cal. App. 2018):

"'Unlawful possession of a controlled substance for sale requires proof the defendant possessed the contraband with the intent of selling it and with knowledge of both its presence and illegal character. [Citation.]' [Citations.] Intent to sell may be established by circumstantial evidence. [Citation.]" (People v. Harris (2000) 83 Cal.App.4th 371, 374.) "In cases involving possession of [controlled substances], it is settled that an officer with experience in the narcotics field may give his opinion that the narcotics are held for purposes of sale based upon matters

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