CALCRIM No. 2352

§ 11359)

The defendant is charged [in Count] with possessing for sale

cannabis, a controlled substance [in violation of Health and Safety Code

section 11359].

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 sell it/ [or] that someone else sell it);

5. The controlled substance was cannabis;

AND

6. The controlled substance was in a usable amount.

<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 possessed cannabis for

sale, (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.]

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

], and you find that the defendant was 18 years of age or older,

then you must decide whether the People have proved the following

allegation[s].] [Y ou must decide whether the People have proved (this/

these) allegation[s] and return a separate finding for each allegation.]

To prove (this/these) allegation[s] [for each crime], the People must prove

that:

<Insert the appropriate bracketed paragraphs if the defendant is charged

under one of the paragraphs of Health and Safety Code section 11359(c) and

sequentially number them as appropriate>

[___. When the defendant possessed cannabis, (he/she) knew that (he/

she) was (selling/ [or] attempting to sell) cannabis to another

person under the age of 18 years(./;)]

[___. The defendant has at least two prior convictions for possession of

cannabis for sale(./;)]

[___. The defendant has at least one prior conviction for ( )

<insert description of offense requiring registration pursuant to Penal

Code section 290 or for an offense specified in clause (iv) of

subparagraph (c) of paragraph (2) of subdivision (e) of Penal Code

section 667.>](./;)

<Insert the following bracketed paragraphs if defendant is charged with

violating Health and Safety Code section 11359(d)>

[___. The defendant was 21 years of age or older when (he/she) (hired/

employed/used) a person 20 years of age or younger to

[unlawfully] (cultivate[,]/ [or] transport[,]/ [or] carry[,]/ [or]

sell[,]/ [or] offer to sell[,]/ [or] give away[,]/ [or] prepare for

sale[,]/ [or] peddle) cannabis;

AND

[___. When the defendant (hired/employed/used) a person 20 years of

age or younger to [unlawfully] (cultivate[,]/ [or] transport[,]/ [or]

carry[,]/ [or] sell[,]/ [or] offer to sell[,]/ [or] give away[,]/ [or]

prepare for sale[,]/ [or] peddle) cannabis, (he/she) knew that

person’s age and the tasks that the person would be doing.]

Selling for the purpose of this instruction means exchanging the cannabis

for money, services, or anything of value.

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.

[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.]

CONTROLLED SUBSTANCES CALCRIM No. 2352

[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 controlled substance does not, by itself, mean that a

person has control over that substance.]

New January 2006; Revised December 2008, October 2010, February 2015,

February 2016, September 2018