CALCRIM No. 3201

Substance (Health & Saf. Code, § 11379.8)

If you find the defendant guilty of the crime[s] charged in Count[s]

<insert counts charging manufacturing or processing of controlled

substance>, you must then decide whether[, for each crime,] the People

have proved the additional allegation that the crime involved more than

a specified amount of the controlled substance. [Y ou must decide whether

the People have proved this allegation for each crime and return a

separate finding for each crime.]

To prove this allegation, the People must prove that:

1. A substance used in, to be used in, or produced during the

(manufacturing/ <insert description of alleged other

process>) process contained <insert controlled

substance from Health & Saf. Code, §§ 11054–11058> ;

[AND]

2. The substance containing <insert controlled

substance> was more than <insert quantity alleged>

by (weight/volume)(./;)

<Give element 3 if enhancement alleged in conspiracy count.>

[AND

3. The defendant was substantially involved in the direction or

supervision of, or in a significant portion of the financing of, the

(manufacturing/ <insert description of alleged other

process>) of <insert controlled substance>.]

[In deciding whether the required (weight/volume) has been proved, do

not take into account plant or vegetable material.]

The People have the burden of proving each allegation beyond a

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

that the allegation has not been proved.

New January 2006