CALCRIM No. 2337. Possession With Intent to Manufacture Methamphetamine (Health & Saf. Code, § 11383.5(b)(1))

Judicial Council of California Criminal Jury Instructions (2023 edition)

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2337.Possession With Intent to Manufacture Methamphetamine
(Health & Saf. Code, § 11383.5(b)(1))
The defendant is charged [in Count ] with possessing substances
with the intent to manufacture methamphetamine [or
<insert analog from Health & Saf. Code, § 11055(d)>] [in violation of
Health and Safety Code section 11383.5(b)(1)].
To prove that the defendant is guilty of this crime, the People must
prove that:
<Alternative 1A - ephedrine or pseudoephedrine>
[1. The defendant possessed [a substance containing] (ephedrine/ [or]
pseudoephedrine) [or any salts, isomers, or salts of isomers of
(ephedrine/ [or] pseudoephedrine)];]
<Alternative 1B - other listed substances>
[1. The defendant possessed both <insert substances
from Health & Saf. Code, § 11383(c)> at the same time, either as
individual substances or combined together in one substance;]
AND
2. When the defendant possessed (that/those) substance[s], (he/she)
intended to use (it/them) to manufacture methamphetamine [or
<insert analog from Health & Saf. Code, § 11055(d)>].
[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.]
New January 2006; Revised June 2007
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with possessing isomers or precursor chemicals under
Health and Safety Code section 11383.5(c), (d), (e), or (f), give CALCRIM No.
2338, Possession of Isomers or Precursors With Intent to Manufacture Controlled
Substance, instead of this instruction.
AUTHORITY
• Elements. Health & Saf. Code, § 11383.5(b)(1).
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• Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th 552,
556 [67 Cal.Rptr.2d 162].
• Specific Intent Required. People v. Jenkins (1979) 91 Cal.App.3d 579, 583 [154
Cal.Rptr. 309].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 134.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [d], [3][d] (Matthew Bender).
CONTROLLED SUBSTANCES CALCRIM No. 2337
267

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