CALCRIM No. 2400

(Health & Saf. Code, § 11550)

The defendant is charged [in Count] with (using/ [or] being

under the influence of) <insert controlled substance listed in

Health & Saf. Code, § 11550>, a controlled substance [in violation of

Health and Safety Code section 11550].

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

prove that:

<Alternative A—use of controlled substance>

1. The defendant willfully [and unlawfully] used

<insert controlled substance listed in Health & Saf. Code, § 11550>,

a controlled substance[, a short time before (his/her) arrest](;/.)

[OR]

<Alternative B—under the influence of controlled substance>

(1/2). The defendant was willfully [and unlawfully] under the

influence of <insert controlled substance listed in

Health & Saf. Code, § 11550>, a controlled substance, when (he/

she) was arrested.

Someone commits an act willfully when he or she does it willingly or on

purpose.

[Someone is under the influence of a controlled substance if that person

has taken or used a controlled substance that has appreciably affected

the person’s nervous system, brain, or muscles or has created in the

person a detectable abnormal mental or physical condition.]

<Defense: Prescription>

[The defendant is not guilty of (using/ [or] being under the influence of)

<insert controlled substance listed in Health & Saf. Code,

§ 11550> if (he/she) had a valid prescription for that substance written

by a physician, dentist, podiatrist, [naturopathic doctor] or veterinarian

licensed to practice in California. The People have the burden of proving

beyond a reasonable doubt that the defendant did not have a valid

prescription. If the People have not met this burden, you must find the

defendant not guilty.]

New January 2006; Revised August 2006