CALCRIM No. 2391

Saf. Code, § 11361)

The defendant is charged [in Count] with offering to (sell/furnish/

administer/give away) cannabis, a controlled substance, to someone

under (18/14) years of age [in violation of Health and Safety Code

section 11361].

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

prove that:

1. The defendant [unlawfully] offered to (sell/furnish/administer/give

away) cannabis, a controlled substance, to <insert

name of alleged recipient>;

2. When the defendant made the offer, (he/she) intended to (sell/

furnish/administer/give away) the controlled substance;

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

AND

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

under (18/14) years of age.

[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.]

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

minute of his or her birthday has begun.]

[The People do not need to prove that the defendant actually possessed

the cannabis.]

New January 2006; Revised September 2018