CALCRIM No. 2410

& Saf. Code, § 11364)

The defendant is charged [in Count] with possessing an object

that can be used to unlawfully inject or smoke <insert

controlled substance(s) referenced in Health & Saf. Code, § 11364> , [a]

controlled substance[s] [in violation of Health and Safety Code section

11364].

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

prove that:

1. The defendant [unlawfully] possessed an object used for

unlawfully injecting or smoking <insert controlled

substance(s) referenced in Health & Saf. Code, § 11364> , [a]

controlled substance[s];

2. The defendant knew of the object’s presence;

AND

3. The defendant knew it to be an object used for unlawfully

injecting or smoking [a] controlled substance[s].

[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.]

[The People allege that the defendant possessed the following items:

<insert each specific item of paraphernalia when multiple

items alleged>. Y ou may not find the defendant guilty unless you all

agree that the People have proved that the defendant possessed at least

one of these items and you all agree on which item (he/she) possessed.]

<Defense: Authorized Possession for Personal Use>

[The defendant did not unlawfully possess [a] hypodermic (needle[s]/ [or]

syringe[s]) if (he/she) was legally authorized to possess (it/them). The

defendant was legally authorized to possess (it/them) if:

1. (He/She) possessed the (needle[s]/ [or] syringe[s]) for personal

use;

[AND]

2. (He/She) obtained (it/them) from <insert source

authorized by Health & Safety Code section 11364(c)>.]

The People have the burden of proving beyond a reasonable doubt that

the defendant was not legally authorized to possess the hypodermic

(needle[s]/ [or] syringe[s]). If the People have not met this burden, you

must find the defendant not guilty of this crime.]

New January 2006; Revised October 2010, April 2011, August 2015, September

2018, February 2026