Section 2300 | CALCRIM (Jury Instructions)

must prove that
<insert name of analog drug> is an analog
of
<insert type of controlled substance>. An analog of a
controlled substance:
[1. Has a chemical structure substantially similar to the structure of
a controlled substance(./;)]
[OR]
[(2/1). Has, is represented as having, or is intended to have a stimulant,
depressant, or hallucinogenic effect on the central nervous system
substantially similar to or greater than the effect of a controlled
substance.]]
[Selling for the purpose of this instruction means exchanging a
controlled substance for money, services, or anything of value.]
[A person transports for sale if he or she carries or moves something
from one location to another for sale, even if the distance is short.]
[A person administers a substance if he or she applies it directly to the
body of another person by injection, or by any other means, or causes
the other person to inhale, ingest, or otherwise consume the substance.]
[A usable amount is a quantity that is enough to be used by someone as
a controlled substance. Useless traces [or debris] are not usable amounts.
On the other hand, a usable amount does not have to be enough, in
either amount or strength, to affect the user.]
[The People do not need to prove that the defendant knew which specific
controlled substance (he/she) (sold/furnished/administered/gave away/
transported for sale/imported).]
[A person does not have to actually hold or touch something to
(sell/furnish/administer/transport it for sale/import/give it away) [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; Revised October 2010, February 2014, August 2014, February
2016, September 2017, March 2019
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Transportation of a controlled substance requires a “usable amount.” (People v.
Emmal (1998) 68 Cal.App.4th 1313, 1316 [80 Cal.Rptr.2d 907]; People v. Ormiston
(2003) 105 Cal.App.4th 676, 682 [129 Cal.Rptr.2d 567].) Sale of a controlled
CALCRIM No. 2300
CONTROLLED SUBSTANCES
230

of that conclusion do not address that specific issue. Because offering to sell is a
specific-intent crime (see People v. Jackson (1963) 59 Cal.2d 468, 469–470 [30
Cal.Rptr. 329, 381 P.2d 1]) and selling does not require specific intent, the
committee does not include offering to sell as a lesser included offense.
RELATED ISSUES
Transportation
Transportation does not require personal possession by the defendant. (People v.
Rogers (1971) 5 Cal.3d 129, 134 [95 Cal.Rptr. 601, 486 P.2d 129] [abrogated in part
by statute on other grounds].) Transportation of a controlled substance includes
transporting by riding a bicycle (People v. LaCross (2001) 91 Cal.App.4th 182, 187
[109 Cal.Rptr.2d 802]) or walking (People v. Ormiston (2003) 105 Cal.App.4th 676,
685 [129 Cal.Rptr.2d 567]). The controlled substance must be moved “from one
locati