CALCRIM No. 2301

Substance (Health & Saf. Code, §§ 11352, 11379)

The defendant is charged [in Count] with offering to (sell/furnish/

administer/give away/transport for sale/import) <insert type

of controlled substance>, a controlled substance [in violation of

<insert appropriate code section[s]>].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant [unlawfully] offered to (sell/furnish/administer/give

away/transport for sale/import into California) a controlled

substance;

2. When the defendant made the offer, (he/she) intended to (sell/

furnish/administer/give away/transport for sale/import) the

controlled substance.

AND

<If the controlled substance is not listed in the schedules set forth in

sections 11054 through 11058 of the Health and Safety Code, give

paragraph 3B and the definition of analog substance below instead of

paragraph 3A.>

3A. The controlled substance was <insert type of

controlled substance>.

3B. The controlled substance was an analog of <insert

type of controlled substance>.

[In order to prove that the defendant is guilty of this crime, the People

must prove that <insert name of analog drug> is an analog

of <insert type of controlled substance>. An analog of a

controlled substance:

[1. Has a chemical structure substantially similar to the structure of

a controlled substance(./;)]

[OR]

[(2/1). Has, is represented as having, or is intended to have a stimulant,

depressant, or hallucinogenic effect on the central nervous system

substantially similar to or greater than the effect of a controlled

substance.]]

[Selling for the purpose of this instruction means exchanging a

controlled substance for money, services, or anything of value.]

[A person transports for sale if he or she carries or moves something

from one location to another, even if the distance is short.]

[A person administers a substance if he or she applies it directly to the

body of another person by injection, or by any other means, or causes

the other person to inhale, ingest, or otherwise consume the substance.]

[The People do not need to prove that the defendant actually possessed

the controlled substance.]

New January 2006; Revised February 2014, August 2014, September 2017