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CA · jury_instructions

CALCRIM No. 3415

Lawful Use Defense (Health & Saf. Code, § 11362.1)

activein force · 2023-01-01 – presentcompiled-edition

It is lawful for a person 21 years of age or older to do any of the

following:

[(Possess[,]/ [or] process[,]/ [or] transport[,]/ [or] purchase[,]/ [or]

obtain[,]/ [or] give away to persons 21 years of age or older), without

receiving compensation, no more than 28.5 grams of cannabis [that is

not in the form of concentrated cannabis.]]

[(Possess[,]/ [or] process[,]/ [or] transport[,]/ [or] purchase[,]/ [or]

obtain[,]/ [or] give away to persons 21 years of age or older) without

receiving compensation, no more than eight grams of cannabis in the

form of concentrated cannabis, including concentrated cannabis

contained in cannabis products.]

[(Possess[,]/ [or] plant[,]/ [or] cultivate[,]/ [or] harvest[,]/ [or] dry[,]/ [or]

process) no more than six living cannabis plants and possess the

cannabis produced by those plants.]

[Smoke or ingest cannabis or cannabis products.]

[(Possess[,]/ [or] transport[,]/ [or] purchase[,]/ [or] obtain[,]/ [or] use[,]/

[or] manufacture[,]/ [or] give away to persons 21 years of age or older

without receiving compensation) cannabis accessories.]

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

the defendant did not lawfully (possess[,]/ [or] transport[,]/ [or]

purchase[,]/ [or] obtain[,]/ [or] give away[,]/ [or] plant[,]/ [or] cultivate[,]/

[or] harvest[,]/ [or] dry[,]/ [or] process) (cannabis[,]/ [or] concentrated

cannabis[,]/ [or] cannabis products.) If the People have not met this

burden, you must find the defendant not guilty of this crime.

[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.]

New September 2018

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2023
Content hash
00d7bdbc4808ea559972098666aca45c52b1fda2c4c3bd8ffcd2e9c80e86912a
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