Is a student (while at school) who jokes with friends that he has alcohol in his drink (but doesn't) and offers (not for sale) it to one friend, winking to go along with the joke, in violation of California Code 48900 (d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
The code says "Unlawfully offered, arranged, or negotiated to sell". Does this mean "offering to sell, arranged to sell, or negotiated to sell"?
It also reads to me that there are two conditions that need to be met. One being the arrangement to sell *and* the next being the delivery or otherwise furnished.
Don't both conditions need to be met?
I've read the other parts of 48900 and other sections seem to be explicit about furnishing vs arranging to sell which makes me think that this section (d) requires both conditions.
I'm almost done.
You wrote technically this makes out the elements.
Technically, are "offered, arranged or negotiated" written to be interpreted as going with "to sell" or do the words "offered" and "arranged" stand on their own?
For example, does this meaning of the legal language mean "unlawfully arranged an intoxicant" or "unlawfully arranged to sell an intoxicant"?
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