CALCRIM No. 2361

28.5 Grams (Health & Saf. Code, § 11360(a))

The defendant is charged [in Count] with (giving away/ [or]

transporting for sale) more than 28.5 grams of cannabis, a controlled

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

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

prove that:

1. The defendant (gave away/transported for sale) 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. The controlled substance was cannabis;

AND

5. The cannabis possessed by the defendant weighed more than 28.5

grams.

<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 (gave away/ [or]

transported for sale) 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.]

[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.]

[Cannabis does not include the weight of any other ingredient combined

with cannabis to prepare topical or oral administrations, food, drink, or

other product.]

[A person transports something if he or she carries or moves it for sale

from one location to another, even if the distance is short.]

[The People do not need to prove that the defendant knew which specific

controlled substance (he/she) (gave away/transported).]

[A person does not have to actually hold or touch something to (give it

away/transport 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 April 2010, October 2010, April 2011, February 2015,

August 2016, September 2018