California Criminal Jury Instructions (CALCRIM) (2017)

2316. Offer to Sell Substitute Substance

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2316.Offer to Sell Substitute Substance (Health & Saf. Code,
§§ 11355, 11382)
The defendant is charged [in Count ] with intending to (sell/
transport/administer/give/furnish/deliver) a noncontrolled substance in
lieu of <insert name of controlled substance> [in violation of
<insert appropriate code section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant [unlawfully] offered to (sell/transport/administer/
give/furnish/deliver) <insert name of controlled
substance>, a controlled substance;
AND
2. When the defendant made the offer, (he/she) intended to (sell/
transport/administer/give/furnish/deliver) a noncontrolled
substance in lieu of <insert name of controlled
substance>.
[Selling for the purpose of this instruction means exchanging a
noncontrolled 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.]
[The People do not need to prove that the defendant actually possessed
the noncontrolled 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
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Peace and Welfare, § 102.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [g]–[j] (Matthew Bender).
2317–2319. Reserved for Future Use
CALCRIM No. 2316 CONTROLLED SUBSTANCES
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