2331. Offering to Manufacture a Controlled Substance
The defendant is charged [in Count ______] with offering to (manufacture/compound/convert/produce/derive/process/prepare) <insert controlled substance from Health & Saf. Code, §§ 11054, 11055, 11056, 11057, or 11058 >, a controlled substance.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant offered to (manufacture/compound/convert/ produce/derive/process/prepare) a controlled substance, specifically <insert controlled substance>, intending to use chemical extraction or independent chemical synthesis;
2. When the defendant made the offer, (he/she) intended to (manufacture/compound/convert/produce/derive/process/ prepare) the controlled substance.
[The intent to use chemical extraction or chemical synthesis includes the intent to use such methods 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 court has a sua sponte duty to give this instruction defining the elements of the crime.
Elements. Health & Saf. Code, §§ 11379.6(a) & (c), 11054-11058.
Specific Intent. People v. Jackson (1963) 59 Cal.2d 468, 469-470 [30 Cal.Rptr. 329, 381 P.2d 1].
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[a], [b], [f] (Matthew Bender).
(New January 2006)