Haines

Defendant was convicted of selling a substance in lieu of a restricted dangerous drug (Health & Saf. Code, § 11917, now Health & Saf. Code, § 11382).

The sole issue on appeal is whether this violation requires a specific intent to substitute a substance in place of a restricted dangerous drug.

In an opinion which appeared briefly in the advance sheets, we pointed out the hopeless conflict between the decisions of the Courts of Appeal as to whether this crime requires a specific or a general intent. We held it was a general intent crime.

The Supreme Court granted a hearing and then retransferred the matter to this court “for the refiling of its opinion with an appropriate reference to People v. Daniels (1975), 14 Cal.3d 857 ,” which had come down after the filing of our original opinion. Daniels held that the selling of a restricted dangerous drug is a general and not a specific intent crime.

While Daniels involved sale of a restricted dangerous drug instead of sale of a substance in lieu of a restricted dangerous drug, we'interpret this *498 action of the Supreme Court to be an oblique holding that the offense of sale of a substance in lieu of a restricted dangerous…