California Criminal Jury Instructions (CALCRIM) (2017)

2393. Inducing Minor to Use Marijuana

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2393.Inducing Minor to Use Marijuana (Health & Saf. Code,
§ 11361(a))
The defendant is charged [in Count ] with inducing someone
under 18 years of age to use marijuana [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 [unlawfully] (encouraged/persuaded/solicited/
intimidated/induced) <insert name of person
solicited> to use marijuana;
2. At that time, the defendant was at least 18 years of age or older;
AND
3. At that time, <insert name of person solicited> was
under 18 years of age.
[Marijuana 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.] [It
does not include the mature stalks of the plant; fiber produced from the
stalks; oil or cake made from the seeds of the plant; any other
compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake;
or the sterilized seed of the plant which is incapable of germination.]]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
<Defense: Good Faith Belief Over 18>
[The defendant is not guilty of this crime if (he/she) reasonably and
actually believed that <insert name of person solicited> was
at least 18 years of age. The People have the burden of proving beyond
a reasonable doubt that the defendant did not reasonably and actually
believe that <insert name of person solicited> was at least
18 years of age. If the People have not met this burden, you must find
the defendant not guilty of this crime.]
New January 2006
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BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
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].)
Defenses—Instructional Duty
The court has a sua sponte duty to give the final bracketed paragraph if there is
substantial evidence supporting the defense that the defendant had a reasonable and
good faith belief that the person was over 18 years of age. (People v. Goldstein
(1982) 130 Cal.App.3d 1024, 1036–1037 [182 Cal.Rptr. 207].)
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].
• Good Faith Belief Minor Over 18 Defense to Inducing or Soliciting. People v.
Goldstein (1982) 130 Cal.App.3d 1024, 1036–1037 [182 Cal.Rptr. 207].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 105.
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], [3][a] (Matthew Bender).
2394–2399. Reserved for Future Use
CALCRIM No. 2393 CONTROLLED SUBSTANCES
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