Is 5.5 Scienter implied in general statutes making it unlawful to sell narcotics?
California, United States of America
The following excerpt is from People v. Gonzalez, 266 Cal.Rptr.3d 268, 53 Cal.App.5th Supp. 1 (Cal. Super. 2020):
5 Scienter is implied in general statutes making it unlawful to sell narcotics. (See People v. Corkrean (1984) 152 Cal.App.3d 35, 38-39, 199 Cal.Rptr. 375.) But, contrary to defendant's argument, this rule is inapplicable to 104.15(a)(1) and 104.15(b)(2), because they involve sales and related activity in a public welfare regulatory context.
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