People v. Chatha

Defendant was convicted, after bench trial, of possession of controlled substance with intent to deliver 50 grams or more of substance containing synthetic cannabis. Police confidential source purchased commercially packaged product from convenience store Defendant owned. Source asked Defendant for a product which Defendant replied he did not have, but offered a similar product, "Bulldog Potpourri", which was stored underneath counter and was not displayed. Defendant denied that he knew product contained controlled substance, and said that his supplier described it as natural incense. Extent of State's proof was that Defendant knowingly possessed something that could be ingested for its intoxicating effects. Defendant's actions did not show conscious or willful ignorance as to product's legality. Evidence was insufficient to establish beyod a reasonable doubt that Defendant knew product contained synthetic cannabis. (KNECHT and HOLDER WHITE, concurring.)