CALCRIM No. 2392. Employment of Minor to Sell, etc., Cannabis (Health & Saf. Code, § 11361(a))

Judicial Council of California Criminal Jury Instructions (2020 edition)

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2392.Employment of Minor to Sell, etc., Cannabis (Health & Saf.
Code, § 11361(a))
The defendant is charged [in Count ] with (hiring/employing/
using) someone under 18 years of age to (transport/carry/sell/give away/
prepare for sale/peddle) cannabis, a controlled substance [in violation of
Health and Safety Code section 11361(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (hired/employed/used) <insert name of
person hired>;
2. <insert name of person hired> was (hired/employed/
used) to (transport/carry/sell/give away/prepare for sale/peddle)
cannabis, a controlled substance;
3. At that time, the defendant was 18 years of age or older;
4. At that time, <insert name of person hired> was
under 18 years of age;
AND
5. The defendant knew of the substance’s nature or character as a
controlled substance.
[Selling for the purpose of this instruction means exchanging the
cannabis for money, services, or anything of value.]
[A person transports something if he or she carries or moves it from one
location to another, even if the distance is short.]
[Cannabis means all or part of the Cannabis sativa L. plant, whether
growing or not, including the seeds and resin extracted from any part of
the plant. [It also includes every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin.]]
<If applicable, give the definition of industrial hemp: Health & Saf. Code,
§ 11018.5>
[Cannabis does not include industrial hemp. Industrial hemp means a
fiber or oilseed crop, or both, that only contain types of the plant
Cannabis sativa L. with no more than three-tenths of 1 percent
tetrahydrocannabinol from the dried flowering tops, whether growing or
not. Industrial hemp may include the seeds of the plant; the resin
extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or resin
produced from the seeds.]
322
[The People do not need to prove that the defendant knew which specific
controlled substance was to be (transported/carried/sold/given
away/prepared for sale/peddled), only that (he/she) was aware that it was
a controlled substance.]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
New January 2006; Revised September 2018
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
When instructing on the definition of “cannabis,” the court may choose to give just
the first bracketed sentence or may give the first bracketed sentence with either or
both of the bracketed sentences following. The second and third sentences should be
given if requested and relevant based on the evidence. (See Health & Saf. Code,
§ 11018 [defining cannabis].)
Give the bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849-850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
AUTHORITY
• Elements. Health & Saf. Code, § 11361(a).
• Age of Defendant Element of Offense. People v. Montalvo (1971) 4 Cal.3d
328, 332 [93 Cal.Rptr. 581, 482 P.2d 205].
• Knowledge. People v. Horn (1960) 187 Cal.App.2d 68, 74-75 [9 Cal.Rptr.
578].
• Selling. People v. Lazenby (1992) 6 Cal.App.4th 1842, 1845 [8 Cal.Rptr.2d
541].
• “Cannabis” Defined. Health & Saf. Code, § 11018.
SECONDARY SOURCES
7 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 124-126.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.06[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [b], [g], [h], [3][a] (Matthew
Bender).
CONTROLLED SUBSTANCES CALCRIM No. 2392
323

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