CALCRIM No. 2306. Possession of Controlled Substance with Intent to Commit Sexual Assault (Health & Saf. Code, §§ 11350.5, 11377.5)
Judicial Council of California Criminal Jury Instructions (2020 edition)Download PDF
2306.Possession of Controlled Substance with Intent to Commit
Sexual Assault (Health & Saf. Code, §§ 11350.5, 11377.5)
The defendant is charged [in Count ] with possession of
<insert type of controlled substance from sections
11056(c)(11), (g), 11054(e)(3); or 11057(d)(13) of the Health and Safety
Code>, a controlled substance, with intent to commit
<insert description of alleged target crime or crimes from sections 243.4,
261, 262, 286, 287, or 289 of the Penal Code>, [in violation of Health and
Safety Code section[s] (11350.5[,]/ [and/or] 11377.5)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant possessed a controlled substance;
2. The defendant knew of its presence;
3. The defendant knew of the substance’s nature or character as a
4. When the defendant possessed the controlled substance, (he/she)
intended to use it to commit <insert description of
alleged target crime or crimes from sections 243.4, 261, 262, 286,
287, or 289 of the Penal Code>;
5. The controlled substance was <insert type of
6. The controlled substance was in a usable amount.
[A usable 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.]
New September 2017
The court has a sua sponte duty to give an instruction defining the elements of the
The court must also give the appropriate instructions on the target sexual offense or
offenses in element 4.
• Elements. Health & Saf. Code, §§ 11350.5, 11377.5.
• Prohibited Controlled Substances. Health & Saf. Code, §§ 11054(e)(3),
11056(c)(11) or (g); 11057(d)(13).
• Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th
552, 556 [67 Cal.Rptr.2d 162].
• Knowledge. People v. Horn (1960) 187 Cal.App.2d 68, 74-75 [9 Cal.Rptr.
• 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].
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 105, 106.
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 1-69.
2307-2314. Reserved for Future Use
CALCRIM No. 2306 CONTROLLED SUBSTANCES