CALCRIM No. 2321

(Health & Saf. Code, § 11368)

The defendant is charged [in Count] with (obtaining/possessing) a

narcotic drug [obtained] with (a/an) (forged[,]/ fictitious[,]/ [or] altered)

prescription [in violation of Health and Safety Code section 11368].

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

prove that:

1. The defendant (obtained/possessed) a narcotic drug;

2. The defendant knew of its presence;

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

narcotic drug;

4. The narcotic drug was in a usable amount;

5. The narcotic drug was obtained by using (a/an) (forged[,]/

fictitious[,]/ [or] altered) prescription;

AND

6. The defendant knew that the narcotic was obtained using (a/an)

(forged[,]/ fictitious[,]/ [or] altered) prescription.

<insert name or description of narcotic from Health & Saf.

Code, § 11019> is a narcotic drug.

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

narcotic drug. 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

narcotic 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 narcotic drug does not, by itself, mean that a person

has control over that substance.]

New January 2006; Revised October 2010