Gott

— A jury convicted defendant of several controlled substance offenses, including one count of receiving, without a permit, a substance from outside of California containing ephedrine which is barred from transfer under federal law. (Health & Saf. Code, § 11106.) She appeals from the ensuing order of probation.

Defendant concedes that she did not have a permit. She claims the evidence fails to show that federal law bars transfer of the ephedrine she received. The Attorney General accepts defendant’s assessment but claims she bears the burden of producing such evidence.

In the published portion of this opinion we conclude that defendant’s challenge to the ephedrine conviction has merit. The People have the burden of proof that a permit was required by section 11106 for the substance received by the defendant. A permit is not required if the substance is of a kind which could lawfully be transferred under federal law. This requirement is so incorporated in the language of section 11106 as to become a part of the definition of the offense. For that reason the People bear the burden of proof that the substance cannot be transferred under federal law.

We will reverse the…