CALCRIM No. 2338

Manufacture Controlled Substance (Health & Saf. Code,

§ 11383.5(c)–(f))

The defendant is charged [in Count] with possessing substances

with the intent to manufacture (methamphetamine [or

<insert analog of methamphetamine from Health & Saf. Code, § 11055(d)>]/

N-ethylamphetamine/phencyclidine (PCP) [or <insert analog

of PCP from Health & Saf. Code, § 11054(d) or § 11055(e)>]) [in violation

of Health and Safety Code section 11383.5].

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

prove that:

1. The defendant possessed <insert name or description

of substance[s] from Health & Saf. Code, § 11383.5(c), (d), (e), or

(f)>;

AND

2. When the defendant possessed (that/those) substance[s], (he/she)

intended to use (it/them) to manufacture (methamphetamine [or

<insert analog of methamphetamine from Health &

Saf. Code, § 11055(d)>]/N-ethylamphetamine/phencyclidine (PCP)

[or <insert analog of PCP from Health & Saf. Code,

§ 11054(d) or § 11055(e)>]).

[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 January 2006; Revised June 2007