Three elements are common to all controlled substance offenses. Which of the following is NOT one of them?

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The reasoning behind identifying that a prescription medication is not one of the common elements of all controlled substance offenses lies in the nature of controlled substances themselves. Controlled substances encompass a wide range of drugs, including illegal substances that have no recognized medical use and therefore do not fall under the category of prescription medications.

In many jurisdictions, a controlled substance offense does not require the item to be a prescription medication; it could be an illicit drug that is not available by prescription at all. The primary focus when establishing a controlled substance offense is on whether the substance falls into the categorization of a controlled substance, whether the individual possessed it, and whether they were aware of its illegal nature. This awareness and possession are critical factors that apply regardless of whether the substance is legally prescribed or not.

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