CALCRIM No. 2383

(Health & Saf. Code, § 11380(a))

The defendant is charged [in Count] with using someone under

18 years of age as an agent to (transport/sell/give away/possess/possess

for sale) <insert type of controlled substance>, a controlled

substance [in violation of Health and Safety Code section 11380(a)].

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

prove that:

1. The defendant used <insert name of person hired> as

an agent;

2. <insert name of person hired> was used by the

defendant to (transport/sell/give away/possess/possess for sale) a

controlled substance;

<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 3B and the definition of analog substance below instead of

paragraph 3A.>

3A. The controlled substance was <insert type of

controlled substance>;

3B. The controlled substance was an analog of <insert

type of controlled substance>;

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

5. At that time, <insert name of person hired> was

under 18 years of age;

AND

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

controlled substance.

[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.]]

An agent is a person who is authorized to act for the defendant in

dealings with other people.

[Selling for the purpose of this instruction means exchanging a

controlled substance for money, services, or anything of value.]

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

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 was to be (transported/sold/given away/possessed/

possessed for sale), only that (he/she) was aware that it was a controlled

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 February 2014, September 2017