CALCRIM (Jury Instructions) Section 2321. When the prosecution alleges that the defendant obtained or possessed the narcotic by using a forged prescription, use
CALCRIM (Jury Instructions) § 2321
When the prosecution alleges that the defendant obtained or possessed the narcotic
by using a forged prescription, use CALCRIM No. 2321, Forged Prescription for
Narcotic: With Possession of Drug.
Give element 3 when the prosecution alleges that the defendant issued, used, or
attempted to use an altered or forged prescription. Do not give element 3 when the
prosecution alleges that the defendant personally forged or altered the prescription.
AUTHORITY
•
Elements. Health & Saf. Code, § 11368; People v. Beesly (1931) 119 Cal.App.
82, 86 [6 P.2d 114] [intent to defraud not an element]; People v. Katz (1962) 207
Cal.App.2d 739, 745 [24 Cal.Rptr. 644].
•
Narcotic Drug. Health & Saf. Code, § 11019.
•
Prescription. Health & Saf. Code, §§ 11027, 11164, 11164.5.
•
Persons Authorized to Write Prescriptions. Health & Saf. Code, § 11150.
•
Forgery of Prescription by Telephone. People v. Jack (1965) 233 Cal.App.2d
446, 455 [43 Cal.Rptr. 566].
SECONDARY SOURCES
2 Witkin & Epstein, California. Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 152, 154.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [2][b], [c] (Matthew Bender).
CALCRIM No. 2320
CONTROLLED SUBSTANCES
254
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
Side-by-side with Westlaw and LexisNexis
| Feature | FlawFinder | Westlaw | LexisNexis |
|---|---|---|---|
| Monthly price | $19 - $99 | $133 - $646 | $153 - $399 |
| Contract | None | 1-3 year min | 1-6 year min |
| Hidden fees | $0, always | Up to $469/search | $25/mo + per-doc |
| Police SOPs | ✓ 310+ departments | ✗ | ✗ |
| Zero-hallucination AI | ✓ CitationGuard | ✗ | ✗ |
| Cancel | One click | Termination fees | No option to cancel |
In simple terms: CALCRIM (Jury Instructions) Section 2321. When the prosecution alleges that the defendant obtained or possessed the narcotic by using a forged prescription, use. This means people must follow this rule, and breaking it can lead to criminal penalties.