In what circumstances will a defendant be convicted of offering to sell narcotics in violation of section 11502 of the California Criminal Code?

[24 Cal.3d 667] In 1959 section 11502 was renumbered as section 11503. (Stats.1959, ch. 1112, 1, 6.) The defendant in People v. Brown, supra, 55 Cal.2d 64, 9 Cal.Rptr. 816, 357 P.2d 1072 was convicted of offering to sell narcotics in violation of former section 11501 (now 11352). He contended section 11501 did not encompass his conduct, which consisted in offering to sell an undercover agent narcotics, taking the agent's money, and then failing to deliver anything. He contended that a specific intent to sell narcotics was an essential element of the crime defined by section 11501, and that this intent could not be inferred from the offer alone.