2337.Possession With Intent to Manufacture Methamphetamine
(Health & Saf. Code, § 11383.5(b)(1))
The defendant is charged [in Count ] with possessing substances
with the intent to manufacture methamphetamine [or
<insert analog from Health & Saf. Code, § 11055(d)>] [in violation of
Health and Safety Code section 11383.5(b)(1)].
To prove that the defendant is guilty of this crime, the People must
<Alternative 1A—ephedrine or pseudoephedrine>
[1. The defendant possessed [a substance containing] (ephedrine/
[or] pseudoephedrine) [or any salts, isomers, or salts of isomers
of (ephedrine/ [or] pseudoephedrine)];]
<Alternative 1B—other listed substances>
[1. The defendant possessed both <insert substances
from Health & Saf. Code, § 11383(c)> at the same time, either as
individual substances or combined together in one substance;]
2. When the defendant possessed (that/those) substance[s], (he/she)
intended to use (it/them) to manufacture methamphetamine [or
<insert analog from Health & Saf. Code,
[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.]
New January 2006; Revised June 2007
The court has a sua sponte duty to give this instruction deﬁning the elements of
If the defendant is charged with possessing isomers or precursor chemicals under
Health and Safety Code section 11383.5(c), (d), (e), or (f), give CALCRIM No.
2338, Possession of Isomers or Precursors With Intent to Manufacture Controlled
Substance, instead of this instruction.
• Elements. Health & Saf. Code, § 11383.5(b)(1).