I. OTHER RELATED OFFENSES
2440.Maintaining a Place for Controlled Substance Sale or Use
(Health & Saf. Code, § 11366)
The defendant is charged [in Count ]with (opening/ [or]
maintaining) a place for the (sale/ [or] use) of a (controlled substance/
[or] narcotic drug) [in violation of Health and Safety Code section
To prove that the defendant is guilty of this crime, the People must
1. The defendant (opened/ [or] maintained) a place;
2. The defendant (opened/ [or] maintained) the place with the
intent to (sell[,]/ [or] give away[,]/ [or] allow others to use) a
(controlled substance/ [or] narcotic drug), speciﬁcally
<insert name of drug>, on a continuous or repeated
basis at that place.
New January 2006; Revised August 2009, October 2010
The court has a sua sponte duty to give this instruction deﬁning the elements of
• Elements. Health & Saf. Code, § 11366.
• Purpose Must Be Continuous or Repetitive Use of Place for Illegal
Activity. People v. Horn (1960) 187 Cal.App.2d 68, 72 [9 Cal.Rptr. 578];
People v. Holland (1958) 158 Cal.App.2d 583, 588–589 [322 P.2d 983].
• Jury Must Be Instructed on Continuous or Repeated Use. People v. Shoals
(1992) 8 Cal.App.4th 475, 490 [10 Cal.Rptr.2d 296].
• “Opening” and “Maintaining” Need Not Be Deﬁned. People v. Hawkins
(2004) 124 Cal.App.4th 675, 684 [21 Cal.Rptr.3d 500].
• Violations Are Crimes of Moral Turpitude Involving Intent to Corrupt Others,
So Solo Use of Drugs Not Covered by Section 11366. People v. Vera (1999)
69 Cal.App.4th 1100, 1102–1103 [82 Cal.Rptr.2d 128].
• Evidence of Personal Drug Use Not Sufficient. People v. Franco (2009) 180