CALCRIM No. 2380

(Health & Saf. Code, §§ 11353, 11354, 11380(a))

The defendant is charged [in Count] with

(selling/furnishing/administering/giving away) <insert type

of controlled substance>, a controlled substance, to someone under 18

years of age [in violation of <insert appropriate code

section[s]>].

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

prove that:

1. The defendant [unlawfully] (sold/furnished/administered/gave

away) a controlled substance to <insert name of

alleged recipient>;

2. The defendant knew of the presence of the controlled substance;

3. The defendant knew of the substance’s nature or character as a

controlled substance;

4. At that time, the defendant was 18 years of age or older;

5. At that time, <insert name of alleged recipient> was

under 18 years of age;

[AND]

<If the controlled substance is not listed in the schedules set forth in

sections 11054 through 11058 of the Health and Safety Code, give

paragraph 6B and the definition of analog substance below instead of

paragraph 6A.>

6A. The controlled substance was <insert type of

controlled substance>(;/.)

6B. The controlled substance was an analog of <insert

type of controlled substance>(;/.)

<Give element 7 when instructing on usable amount; see Bench Notes.>

[AND

7. The controlled substance was in a usable amount.]

[In order to prove that the defendant is guilty of this crime, the People

must prove that <insert name of analog drug> is an analog

of <insert type of controlled substance>. An analog of a

controlled substance:

[1. Has a chemical structure substantially similar to the structure of

a controlled substance(./;)]

[OR]

[(2/1). Has, is represented as having, or is intended to have a stimulant,

depressant, or hallucinogenic effect on the central nervous system

substantially similar to or greater than the effect of a controlled

substance.]]

[Selling for the purpose of this instruction means exchanging

<insert type of controlled substance> 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.]

[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.]

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

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

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

furnish it/administer it/give it away). It is enough if the person has

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

another person.]

[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 October 2010, February 2014, September 2017