CALCRIM No. 2351

§ 11360)

The defendant is charged [in Count] with offering to (sell[,]/ [or]

furnish[,]/ [or] administer[,]/ [or] import) cannabis, a controlled

substance [in violation of Health and Safety Code section 11360].

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

prove that:

1. The defendant offered to (sell[,]/ [or] furnish[,]/ [or] administer[,]/

[or] import into California) cannabis, a controlled substance;

AND

2. When the defendant made the offer, (he/she) intended to (sell[,]/

[or] furnish[,]/ [or] administer[,]/ [or] import) the controlled

substance.

<Sentencing Factor on defendant’s age>

If you find the defendant guilty of this crime [as charged in Count[s]

], you must then decide whether the People have proved the

additional allegation that when the defendant offered to (sell[,]/ [or]

furnish[,]/ [or] administer[,]/ [or] import) cannabis, (he/she) was 18 years

of age or older.

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

[Selling for the purpose of this instruction means exchanging cannabis

for money, services, or anything of value.]

[A person administers a substance if he or she applies it directly to the

body of another person by injection, or by any other means, or causes

the other person to inhale, ingest, or otherwise consume the substance.]

[Cannabis means all or part of the Cannabis sativa L. plant, whether

growing or not, including the seeds and resin extracted from any part of

the plant. [It also includes every compound, manufacture, salt,

derivative, mixture, or preparation of the plant, its seeds, or resin.]]

<If applicable, give the definition of industrial hemp: Health & Saf. Code,

§ 11018.5>

[Cannabis does not include industrial hemp. Industrial hemp means a

fiber or oilseed crop, or both, that only contain types of the plant

Cannabis sativa L. with no more than three-tenths of 1 percent

tetrahydrocannabinol from the dried flowering tops, whether growing or

not. Industrial hemp may include the seeds of the plant; the resin

extracted from any part of the plant; and every compound, manufacture,

salt, derivative, mixture, or preparation of the plant, its seeds or resin

produced from the seeds.]

[The People do not need to prove that the defendant actually possessed

the cannabis.]

New January 2006; Revised December 2008, February 2015, September 2018