People v. Busch

A defendant need not know the weight of the marijuana he possesses exceeds 28.5 grams for purposes of sections 11357 and 11360.

Defendant was convicted of possession of more than 28.5 grams of marijuana in violation of Health & Safety Code section 11357, subd.(c), and transportation of more than 28.5 grams in violation of section 11360, subd.(a). He argued the trial court erred by failing to instruct that defendant had to know he transported more than 28.5 grams of marijuana. However, knowledge of the weight of the marijuana is not an element of either offense and the trial court properly instructed the jury.

People v. Busch, ____ Cal.App.4th ____, ____ Cal.Rptr.3d ____, 2010 D.A.R. 12145 (3rd Dist. 2010) August 04, 2010 (C061186)