People v. Blake

Appellant was charged by indictment with two counts of violation of section 11500 of the Health and Safety Code: (1) unlawfully offering to sell marijuana; (2) the unlawful possession of marijuana, A jury found him guilty of the first count but not guilty on the second count. On appeal, he contends that the court erred in its instructions to the jury relating to the elements of the offense of unlawfully offering to sell narcotics and that section 11500 of the Health and Safety Code as it relates to an offer to sell narcotics is void for vagueness and, hence, unconstitutional.

There is no…