Criminal Law

2335. Possession With Intent to Manufacture Methamphetamine or N-ethylamphetamine

The defendant is charged [in Count ______] with possessing substances with the intent to manufacture (methamphetamine/N-ethylamphetamine).

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant possessed both (methylamine and phenyl-2-propanone/ethylamine and phenyl-2-propanone) at the same time;


2. When the defendant possessed both those substances, (he/ she) intended to use them to manufacture (methamphetamine/N-ethylamphetamine).

[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.]

Bench Notes

Instructional Duty

The court has a sua sponte duty to give this instruction defining the elements of the crime.

If the defendant is charged with possessing isomers or precursor chemicals under Health and Safety Code section 11383(e), (f), (g), or (h), give CALCRIM No. 2338, Possession of Isomers or Precursors With Intent to Manufacture Controlled Substance, instead of this instruction.


Elements. Health & Saf. Code, § 11383(a).

Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th 552, 556 [67 Cal.Rptr.2d 162].

Specific Intent Required. People v. Jenkins (1979) 91 Cal.App.3d 579, 583 [154 Cal.Rptr. 309].

Secondary Sources

2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public Peace and Welfare, § 114.

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145, Narcotics and Alcohol Offenses, § 145.01[1][a], [d], [3][d] (Matthew Bender).

(New January 2006)