“Sale” is any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee. If possession with intent to sell is alleged: “Possession” means either having the (substance /object) on one’s person or otherwise having control over the (substance/object), that is, knowing where it is and being able to access it.
Possession also requires that the defendant knew that (he/she) was in possession of the controlled substance. That is, that (he/she) was aware that (he/she) was in possession of it and was aware of its nature. The state must prove beyond a reasonable doubt that the defendant knew that (he/she) was in possession of the controlled substance. If some form of constructive possession is alleged, Conviction for possession of the controlled substance with the intent to sell requires proof of the specific intent to sell the controlled substance.