CALCRIM No. 2376

on School Grounds: Misdemeanor (Health & Saf. Code, § 11357(c))

The defendant is charged [in Count] with possessing (cannabis/

concentrated cannabis), a controlled substance, on the grounds of a

school [in violation of Health and Safety Code section 11357(c)].

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. The controlled substance was (cannabis/concentrated cannabis);

5. The (cannabis/concentrated cannabis) was in a usable amount but

not more than (28.5 grams/8 grams);

AND

6. The defendant possessed the (cannabis/concentrated cannabis) on

the grounds of or inside a school providing instruction in any

grade from kindergarten through 12, when the school was open

for classes or school-related programs.

<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/concentrated cannabis), (he/she) was 18 years of age or older.

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.]

[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 the cannabis plant.]

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

controlled substance (he/she) possessed.]

[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.]

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

minute of his or her birthday has begun.]

New January 2006; Revised June 2007, April 2010, October 2010, February 2015,

September 2018