2321.Forged Prescription for Narcotic: With Possession of Drug
(Health & Saf. Code, § 11368)
The defendant is charged [in Count ]with (obtaining/possessing)
a narcotic drug [obtained] with (a/an) (forged[,]/ ﬁctitious[,]/ [or]
altered) prescription [in violation of Health and Safety Code section
To prove that the defendant is guilty of this crime, the People must
1. The defendant (obtained/possessed) a narcotic drug;
2. The defendant knew of its presence;
3. The defendant knew of the substance’s nature or character as a
4. The narcotic drug was in a usable amount;
5. The narcotic drug was obtained by using (a/an) (forged[,]/
ﬁctitious[,]/ [or] altered) prescription;
6. The defendant knew that the narcotic was obtained using (a/an)
(forged[,]/ ﬁctitious[,]/ [or] altered) prescription.
<insert name or description of narcotic from Health & Saf.
Code, § 11019> is a narcotic drug.
Ausable amount is a quantity that is enough to be used by someone as
a narcotic drug. 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 narcotic drug (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 narcotic drug does not, by itself, mean that a person
has control over that substance.]
New January 2006; Revised October 2010