CALCRIM No. 2363

Give Away Cannabis: More Than 28.5 Grams (Health & Saf. Code,

§ 11360(a))

The defendant is charged [in Count] with (offering to give away/

[or] offering to transport for sale/ [or] attempting to transport 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 (offered to give away/ [or] offered to transport for

sale/ [or] attempted to transport for sale) cannabis, a controlled

substance, in an amount weighing more than 28.5 grams;

AND

2. When the defendant made the (offer/ [or] attempt), (he/she)

intended to (give away/ [or] transport for sale) 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 give away/ [or]

offered to transport for sale/ [or] attempted to transport 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 actually possessed

the cannabis.]

New January 2006; Revised April 2010, February 2015, August 2016, September