California Criminal Jury Instructions (CALCRIM) (2017)

2330. Manufacturing a Controlled Substance

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D. MANUFACTURING
(i) Manufacturing and Offering
2330.Manufacturing a Controlled Substance (Health & Saf. Code,
§11379.6(a) & (b))
The defendant is charged [in Count ] with (manufacturing/
compounding/converting/producing/deriving/processing/preparing)
<insert controlled substance from Health & Saf. Code,
§§ 11054, 11055, 11056, 11057, or 11058>, a controlled substance [in
violation of Health and Safety Code section 11379.6].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (manufactured/compounded/converted/produced/
derived/processed/prepared) a controlled substance, specifically
<insert controlled substance>, using chemical
extraction or independent chemical synthesis;
AND
2. The defendant knew of the substance’s nature or character as a
controlled substance.
[The chemical extraction or independent chemical synthesis may be
done either directly or indirectly.]
[The People do not need to prove that the defendant knew which
specific controlled substance was involved, only that (he/she) was aware
that it was a controlled substance.]
[The People do not need to prove that the defendant completed the
process of manufacturing or producing a controlled substance. Rather,
the People must prove that the defendant knowingly participated in the
beginning or intermediate steps to process or make a controlled
substance. [Thus, the defendant is guilty of this crime if the People have
proved that:
1. The defendant engaged in the synthesis, processing, or
preparation of a chemical that is not itself a controlled
substance;
AND
2. The defendant knew that the chemical was going to be used in
the manufacture of a controlled substance.]]
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BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Give the bracketed paragraph stating that “The People do not need to prove that the
defendant completed the process” when the evidence indicates that the defendant
completed only initial or intermediary stages of the process. (People v. Jackson
(1990) 218 Cal.App.3d 1493, 1503–1504 [267 Cal.Rptr. 841]; People v. Lancellotti
(1993) 19 Cal.App.4th 809, 813 [23 Cal.Rptr.2d 640].) Give the final bracketed
section stating “Thus, the defendant is guilty” when the evidence shows that the
defendant manufactured a precursor chemical, such as ephedrine, but had not
completed the process of manufacturing a controlled substance. (People v. Pierson
(2000) 86 Cal.App.4th 983, 992 [103 Cal.Rptr.2d 817].)
AUTHORITY
• Elements. Health & Saf. Code, §§ 11379.6(a) & (b), 11054–11058.
Knowledge of Controlled Substance. People v. Coria (1999) 21 Cal.4th 868,
874 [89 Cal.Rptr.2d 650, 985 P.2d 970].
• Initial or Intermediary Stages. People v. Jackson (1990) 218 Cal.App.3d 1493,
1503–1504 [267 Cal.Rptr. 841]; People v. Lancellotti (1993) 19 Cal.App.4th
809, 813 [23 Cal.Rptr.2d 640]; People v. Heath (1998) 66 Cal.App.4th 697,
703–704 [78 Cal.Rptr.2d 240].
• Precursor Chemicals. People v. Pierson (2000) 86 Cal.App.4th 983, 992 [103
Cal.Rptr.2d 817].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 112.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [b], [f] (Matthew Bender).
RELATED ISSUES
Providing Place for Manufacture
Health and Safety Code section 11366.5 prohibits providing a place for the
manufacture or storage of a controlled substance. A defendant who provides a place
for the manufacture of a controlled substance may be convicted both as an aider
and abettor under Health and Safety Code section 11379.6 and as a principal under
Health and Safety Code section 11366.5. (People v. Sanchez (1994) 27 Cal.App.4th
918, 923 [33 Cal.Rptr.2d 155]; People v. Glenos (1992) 7 Cal.App.4th 1201, 1208
[10 Cal.Rptr.2d 363].) Conviction under Health and Safety Code section 11379.6
requires evidence that the defendant specifically intended to aid the manufacture of
the controlled substance, while conviction under Health and Safety Code section
CALCRIM No. 2330 CONTROLLED SUBSTANCES
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11366.5 requires evidence that the defendant knew that the controlled substance
was for sale or distribution. (People v. Sanchez (1994) 27 Cal.App.4th 918, 923 [33
Cal.Rptr.2d 155]; People v. Glenos (1992) 7 Cal.App.4th 1201, 1208 [10
Cal.Rptr.2d 363].)
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