California Criminal Jury Instructions (CALCRIM) (2017)

2430. Possession of More Than ,000 Related to Transaction Involving Controlled Substance: Proceeds

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H. MONEY FROM CONTROLLED SUBSTANCES
2430.Possession of More Than $100,000 Related to Transaction
Involving Controlled Substance: Proceeds (Health & Saf. Code,
§ 11370.6)
The defendant is charged [in Count ] with the unlawful
possession of more than $100,000 obtained from a transaction involving
a controlled substance [in violation of Health and Safety Code section
11370.6].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant possessed more than $100,000 in (cash/ [or]
<insert type[s] of negotiable instrument[s]>);
2. The (cash/ [or] <insert type[s] of negotiable
instrument[s]>) (was/were) obtained from the (sale/possession for
sale/transportation/manufacture/offer to sell/offer to
manufacture) [of] <insert name[s] of controlled
substance[s]>, [a] controlled substance[s];
AND
3. The defendant knew that the (cash/ [or] <insert
type[s] of negotiable instrument[s]>) (was/were) obtained as a
result of the (sale/possession for sale/transportation/manufacture/
offer to sell/offer to manufacture) [of] a controlled substance.
[In determining whether or not the defendant is guilty of this crime, you
may consider, in addition to any other relevant evidence:
[Whether the defendant had paid employment(;/.)]
[The opinion of a controlled substances expert on the source of the
(cash/ [or] <insert type[s] of negotiable instrument[s]>)(;/.)]
[Documents or ledgers, if any, that show sales of controlled substances.]
You must decide the significance, if any, of this evidence.]
[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
325
0117
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on the elements of this crime.
Give the bracketed paragraphs instructing that the jury may consider the
defendant’s employment, expert testimony, and ledgers if such evidence has been
presented. If a controlled substances expert testifies, the court has a sua sponte
duty to instruct the jury on evaluating the expert’s testimony. (Pen. Code, § 1127b.)
Give CALCRIM No. 332, Expert Witness Testimony.
AUTHORITY
• Elements. Health & Saf. Code, § 11370.6.
Possession Has Same Meaning as in Drug Possession Cases. People v.
Howard (1995) 33 Cal.App.4th 1407, 1419, fn. 6 [39 Cal.Rptr.2d 766].
• Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th
552, 556 [67 Cal.Rptr.2d 162].
• Statute Constitutional. People v. Mitchell (1994) 30 Cal.App.4th 783, 793 [36
Cal.Rptr.2d 150]; People v. Granados (1993) 16 Cal.App.4th 517, 519 [20
Cal.Rptr.2d 131].
• Instruction on Factor to Consider Constitutional. People v. Mitchell (1994) 30
Cal.App.4th 783, 804–811 [36 Cal.Rptr.2d 150].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 122.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[4] (Matthew Bender).
RELATED ISSUES
No Requirement Defendant Be Involved in Drug Crime
Culpability under Health and Safety Code section 11370.6 does not require that the
defendant possess a controlled substance or participate in a transaction involving
controlled substances in any manner. (People v. Mitchell (1994) 30 Cal.App.4th
783, 797–798 [36 Cal.Rptr.2d 150].) However, the defendant must have knowledge
of the origin of the money. (Id. at p. 798.)
CALCRIM No. 2430 CONTROLLED SUBSTANCES
326
0118