Diamond
People v. Diamond
Opinion
Opinion
Coughlin, J.
Defendant appeals his convictions of the offenses of selling the dangerous drug “LSD” on two occasions, i.e., violations of Health and Safety Code section 11912.
On the first occasion, the subject of the sale, described by defendant as “heavy acid,” consisted of 19 blue tablets, and on the second occasion consisted of 100 blue tablets. A chemist who analyzed two tablets from the first sale and three tablets from the second sale, determined each tablet contained 200 micrograms of LSD.
Defendant contends under the decision in People v. Leal, 64 Cal.2d 504 [ 50 Cal.Rptr. 777 , 413 P.2d 665 ], a conviction of the offense of selling a dangerous drug is not supported by the evidence unless it is shown the quantity of the drug sold was “usable”; proof the quantity sold was a usable quantity must show it was sufficient “to provide a narcotic effect”; and the evidence in the case at bench does not support such a showing.
The court in Leal considered the question whether possession of a minute crystalline residue of a narcotic constituted the offense of possession of a narcotic; analyzed prior decisions on the subject, including People v. Sullivan, 234 Cal.App.2d 562 [ 44…