California Criminal Jury Instructions (CALCRIM) (2017)

2331. Offering to Manufacture a Controlled Substance

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2331.Offering to Manufacture a Controlled Substance (Health &
Saf. Code, §§ 11379.6(a) & (c))
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 [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 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;
AND
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.]
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, §§ 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].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 112.
242
0034
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [b], [f] (Matthew Bender).
2332–2334. Reserved for Future Use
CONTROLLED SUBSTANCES CALCRIM No. 2331
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