CA · jury_instructions
CALCRIM No. 2305
Defense: Momentary Possession of Controlled Substance
If you conclude that the defendant possessed <insert name
of controlled substance>, that possession was not illegal if the defendant
can prove the defense of momentary possession. In order to establish this
defense, the defendant must prove that:
1. The defendant possessed <insert name of controlled
substance> only for a momentary or transitory period;
2. The defendant possessed <insert name of controlled
substance> in order to (abandon[,]/ [or] dispose of[,]/ [or] destroy)
it;
AND
3. The defendant did not intend to prevent law enforcement officials
from obtaining the <insert name of controlled
substance>.
The defendant has the burden of proving this defense by a
preponderance of the evidence. This is a different standard of proof than
proof beyond a reasonable doubt. To meet the burden of proof by a
preponderance of the evidence, the defendant must prove that it is more
likely than not that each of the three listed items is true.
New January 2006
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
8a65abe5304c45db2bcde587d6b37ac734ccb351d6469d33ccaad717c07a60e3
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