Section 11378 - Possession for sale

1 Analyses of this statute by attorneys

  1. Modified Categorical Approach Applies to California Drug Statute

    Federal Public Defender Office, District of New MexicoShari AllisonAugust 11, 2017

    (unpub'd) - A bad Mathis/controlled-substances-offense decision. Following a 9th Circuit case, the 10th holds California's drug statute, Cal. Health & Safety Code § 11378, is divisible by the type of controlled substance. California law treats the type of controlled substance as a separate element, the 10th says.