CALCRIM No. 2364

§ 11360(a)(3))

If you find the defendant guilty of <insert offense[s]> [as

charged in Count[s]], you must then decide whether the People

have proved the additional allegation[s]. [Y ou must decide whether the

People have proved (this/these) allegation[s] for each crime and return a

separate finding for each crime.]

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

that:

<Give the following paragraph if the defendant is charged under Health &

Safety Code section 11360(a)(3)(A)>

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

<insert description of offense requiring registration pursuant to Penal

Code section 290(c) or for an offense specified in Penal Code section

667(e)(2)(C)(iv)>(./;)]

<Give the following paragraph if the defendant is charged under Health

& Safety Code section 11360(a)(3)(B)>

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

<insert description of offense specified in Health & Safety Code

sections 11360(a) and 11360(a)(2)>(./;)]

<Give the following paragraph if the defendant is charged under Health

& Safety Code section 11360(a)(3)(C)>

[___. When committing that crime, the defendant knew that (he/she)

was selling, furnishing, administering, giving away, attempting to

sell, or offering to sell, furnish, administer, or give away cannabis

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

<Give the following paragraphs if the defendant is charged under Health

& Safety Code section 11360(a)(3)(D)>

[___. The defendant (imported/[or] offered to import/[or] attempted to

import) (more than 28.5 grams of cannabis/more than 4 grams of

concentrated cannabis) into California(./;)]

[OR]

[___. The defendant (transported for sale/ [or] offered to transport for

sale/ [or] attempted to transport for sale) (more than 28.5 grams

of cannabis/more than 4 grams of concentrated cannabis) out of

California.]

[Selling for the purpose of this instruction means exchanging the

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. It 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.]

[Concentrated cannabis means the separated resin, whether crude or

purified, from cannabis.]

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

controlled substance (he/she) (sold/furnished/administered/imported).]

[A person does not have to actually hold or touch something to (sell/

furnish/administer/import) it. It is enough if the person has (control over

it/ [or] the right to control it), either personally or through another

person.]

The People have the burden of proving an allegation beyond a

reasonable doubt. If the People have not met that burden as to an

allegation, you must find that allegation has not been proved.

New September 2018