Section 2301 | CALCRIM (Jury Instructions)

from one location to another, 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.]
[The People do not need to prove that the defendant actually possessed
the controlled substance.]
New January 2006; Revised February 2014, August 2014, September 2017
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
AUTHORITY
•
Elements. Health & Saf. Code, §§ 11352, 11379.
•
Administering. Health & Saf. Code, § 11002.
•
Specific Intent. People v. Jackson (1963) 59 Cal.2d 468, 469–470 [30 Cal.Rptr.
329, 381 P.2d 1].
•
Definition of Analog Controlled Substance. Health & Saf. Code, § 11401; People
v. Davis (2013) 57 Cal.4th 353, 357, fn. 2 [159 Cal.Rptr.3d 405, 303 P.3d 1179].
•
No Finding Necessary for “Expressly Listed” Controlled Substance. People v.
Davis, supra, 57 Cal.4th at p. 362, fn. 5.
•
Intent Requirement for Transportation for Sale. People v. Lua (2017) 10
Cal.App.5th 1004, 1014–1016 [217 Cal.Rptr.3d 23].
LESSER INCLUDED OFFENSES
•
Simple Possession of Controlled Substance. Health & Saf. Code, §§ 11350,
11377; People v. Peregrina-Larios (1994) 22 Cal.App.4th 1522, 1524 [28
Cal.Rptr.2d 316] [lesser related offense but not necessarily included]; but see
People v. Tinajero (1993) 19 Cal.App.4th 1541, 1547 [24 Cal.Rptr.2d 298]
[finding a lesser included offense on factual but not legal basis].
•
Possession for Sale. Health & Saf. Code, §§ 11351, 11378; People v. Peregrina-
Larios (1994) 22 Cal.App.4th 1522, 1524 [28 Cal.Rptr.2d 316] [lesser related
offense but not necessarily included] but see People v. Tinajero (1993) 19
Cal.App.4th 1541, 1547 [24 Cal.Rptr.2d 298] [finding a lesser included offense
on factual but not legal basis].
RELATED ISSUES
No Requirement That Defendant Delivered or Possessed Drugs
A defendant may be convicted of offering to sell even if there is no evidence that he
or she delivered or ever possessed any controlled substance. (People v. Jackson
CALCRIM No. 2301
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234

(1963) 59 Cal.2d 468, 469 [30 Cal.Rptr. 329, 381 P.2d 1]; People v. Brown (1960)
55 Cal.2d 64, 68 [9 Cal.Rptr. 816, 357 P.2d 1072].)
Transportation for Sale
Effective January 1, 2014, the definition of “transportation” is limited to
transportation for sale for the purposes of section 11352. Health & Saf. Code,
§ 11352(c).
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 85–113, 147–151.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [g]–[j] (Matthew Bender).
CONTROLLED SUBSTANCES
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