CALCRIM No. 2302

Code, §§ 11351, 11351.5, 11378, 11378.5)

The defendant is charged [in Count] with possession for sale of

<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] possessed a controlled substance;

2. The defendant knew of its presence;

3. The defendant knew of the substance’s nature or character as a

controlled substance;

4. When the defendant possessed the controlled substance, (he/she)

intended (to sell it/ [or] that someone else sell it);

<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 5B and the definition of analog substance below instead of

paragraph 5A.>

5A. The controlled substance was <insert type of

controlled substance>;

5B. The controlled substance was an analog of <insert

type of controlled substance>;

AND

6. The controlled substance was in a usable amount.

[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

<insert type of controlled substance> for money, services, or

anything of value.

A usable amount is a quantity that is enough to be used by someone as a

controlled substance. Useless traces [or debris] are not usable amounts.

On the other hand, a usable amount does not have to be enough, in

either amount or strength, to affect the user.

[The People do not need to prove that the defendant knew which specific

controlled substance (he/she) possessed.]

[Two or more people may possess something at the same time.]

[A person does not have to actually hold or touch something to possess

it. It is enough if the person has (control over it/ [or] the right to control

it), either personally or through another person.]

[Agreeing to buy a controlled substance does not, by itself, mean that a

person has control over that substance.]

New January 2006; Revised October 2010, February 2014, February 2016,

September 2017