CALCRIM No. 2306

Sexual Assault (Health & Saf. Code, §§ 11350.5, 11377.5)

The defendant is charged [in Count] with possession of

<insert type of controlled substance from sections

11056(c)(11), (g), 11054(e)(3); or 11057(d)(13) of the Health and Safety

Code>, a controlled substance, with intent to commit

<insert description of alleged target crime or crimes from sections 243.4,

261, 286, 287, or 289 of the Penal Code>, [in violation of Health and

Safety Code section[s] (11350.5[,]/ [and/or] 11377.5)].

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

prove that:

1. The defendant 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 use it to commit <insert description of

alleged target crime or crimes from sections 243.4, 261, 286, 287, or

289 of the Penal Code>;

5. The controlled substance was <insert type of

controlled substance>;

6. The controlled substance was in a usable amount.

[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.]

New September 2017; Revised March 2022