2331.Offering to Manufacture a Controlled Substance (Health &
Saf. Code, §§ 11379.6(a) & (c))
The defendant is charged [in Count ] with offering to
<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
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
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
The court has a sua sponte duty to give this instruction deﬁning the elements of
• 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.