substantially similar to or greater than the effect of a controlled
Knowledge that an available ﬁrearm is loaded and operable is not
Aﬁrearm is any device designed to be used as a weapon, from which a
projectile is expelled or discharged through a barrel by the force of an
explosion or other form of combustion.
Ausable amount is a quantity that is enough to be used by someone as
a controlled substance. Useless traces [or debris] are not usable
amounts. On the other hand, a usable amount does not have to be
enough, in either amount or strength, to affect the user.
[The People do not need to prove that the defendant knew which
speciﬁc controlled substance (he/she) possessed.]
[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.]
[Agreeing to buy a controlled substance does not, by itself, mean that a
person has control over that substance.]
New January 2006; Revised August 2006, October 2010, August 2013, February
The court has a sua sponte duty to give this instruction deﬁning the elements of
• Elements. Health & Saf. Code, § 11370.1; People v. Palaschak (1995) 9
Cal.4th 1236, 1242 [40 Cal.Rptr.2d 722, 893 P.2d 717].
• Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th
552, 556 [67 Cal.Rptr.2d 162].
• Knowledge of Controlled Substance. People v. Horn (1960) 187 Cal.App.2d
68, 74–75 [9 Cal.Rptr. 578].
• Usable Amount. People v. Rubacalba (1993) 6 Cal.4th 62, 65–67 [23
Cal.Rptr.2d 628, 859 P.2d 708]; People v. Piper (1971) 19 Cal.App.3d 248, 250
[96 Cal.Rptr. 643].
• Loaded Firearm. People v. Clark (1996) 45 Cal.App.4th 1147, 1153 [53
CALCRIM No. 2303 CONTROLLED SUBSTANCES