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
The court has a sua sponte duty to instruct on the elements of this crime.
When an attorney is charged with unlawful possession of drug proceeds, the
prosecution must prove the additional element that the attorney intended to aid the
illegal activity or to disguise the source of the funds. (Health & Saf. Code,
§ 11370.6(b); People v. Granados (1993) 16 Cal.App.4th 517, 519 [20 Cal.Rptr.2d
131].) Give either optional paragraph A, B, or both, depending on the charged
crime and the evidence proffered at trial.
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.
• Elements. Health & Saf. Code, § 11370.6(b).
•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
• Instruction on Factor to Consider Constitutional. People v. Mitchell (1994) 30
Cal.App.4th 783, 804–811 [36 Cal.Rptr.2d 150].
CALCRIM No. 2432 CONTROLLED SUBSTANCES