When a defendant is charged with possession of a listed controlled substance under California Health and Safety Code section 11378, must the state prove, and must the jury unanimously agree, that the defendant possessed the actual listed controlled substance, and not an analog of that substance as defined under California Health and Safety Code section 11401? Or may the jury convict if it finds the state has proven the defendant possessed either the actual controlled substance or an analog of that substance, without unanimous agreement as to which?

(The CSC granted the request under California Rules of Court, rule 8.548, that the Court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit.)