CALCRIM No. 2307

Convictions (Health & Saf. Code, § 11395)

The defendant is charged [in Count][, in violation of Health and

Safety Code section 11395,] with possessing <insert

substance specified in Health & Saf. Code, § 11395(e)> with two or more

prior drug-related convictions.

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

prove that:

1. The defendant [unlawfully] possessed <insert

substance specified in Health & Saf. Code, § 11395(e)>;

2. The defendant knew of its presence;

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

controlled substance;

4. The <insert substance specified in Health & Saf. Code,

§ 11395(e)> was in a usable amount;

AND

5. The defendant was previously convicted of a violation of

[,] <insert applicable drug offense listed in Health and

Safety Code, § 11395(c)> [and] a violation of <insert

applicable drug offense listed in Health and Safety Code,

§ 11395(c)> [and a violation of <insert applicable

drug offense listed in Health and Safety Code, § 11395(c); repeat as

necessary>].

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

drug (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 drug does not, by itself, mean that a person has

control over that drug.]

<Defense: Prescription>

[The defendant is not guilty of possessing <insert drug

specified in Health & Saf. Code, § 11395(e)> if (he/she) had a valid,

written prescription for that substance from a physician, dentist,

podiatrist, [naturopathic doctor], or veterinarian licensed to practice in

California. The People have the burden of proving beyond a reasonable

doubt that the defendant did not have a valid prescription. If the People

have not met this burden, you must find the defendant not guilty.]

New October 2025