California Criminal Jury Instructions (CALCRIM) (2017)

2315. Sale of Substitute Substance

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B. SUBSTITUTE SUBSTANCE
2315.Sale of Substitute Substance (Health & Saf. Code,
§§ 11355, 11382)
The defendant is charged [in Count ] with (selling/transporting/
administering/giving/furnishing/delivering) a substance in lieu of
<insert name of controlled substance> [in violation of
<insert appropriate code secion[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (agreed/consented/offered/arranged/negotiated) to
(sell/transport/administer/give/furnish/deliver)
<insert name of controlled substance>, a controlled substance;
AND
2. After doing so, the defendant (sold/transported/administered/
gave/furnished/delivered) a substance in lieu of
<insert name of controlled substance>.
[Selling for the purpose of this instruction means exchanging the
substance for money, services, or anything of value.]
[A person transports something if he or she carries or moves it from one
location to another, even if the distance is short.]
[A person administers a substance if he or she applies it directly to the
body of another person by injection, or by any other means, or causes
the other person to inhale, ingest, or otherwise consume the substance.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
AUTHORITY
• Elements. Health & Saf. Code, §§ 11355, 11382; People v. McDaniel (1979)
24 Cal.3d 661, 669–670 [156 Cal.Rptr. 865, 597 P.2d 124].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 102.
231
0023
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [g]–[i] (Matthew Bender).
CALCRIM No. 2315 CONTROLLED SUBSTANCES
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