Section 2330 | CALCRIM (Jury Instructions)

New January 2006; Revised September 2018
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give the bracketed paragraph stating that “The People do not need to prove that the
defendant completed the process” when the evidence indicates that the defendant
completed only initial or intermediary stages of the process. (People v. Jackson
(1990) 218 Cal.App.3d 1493, 1503–1504 [267 Cal.Rptr. 841]; People v. Lancellotti
(1993) 19 Cal.App.4th 809, 813 [23 Cal.Rptr.2d 640].) Give the final bracketed
section stating “Thus, the defendant is guilty” when the evidence shows that the
defendant manufactured a precursor chemical, such as ephedrine, but had not
completed the process of manufacturing a controlled substance. (People v. Pierson
(2000) 86 Cal.App.4th 983, 992 [103 Cal.Rptr.2d 817].)
AUTHORITY
•
Elements. Health & Saf. Code, §§ 11379.6(a) & (b), 11054–11058,
11362.3(a)(6).
•
Knowledge of Controlled Substance. People v. Coria (1999) 21 Cal.4th 868, 874
[89 Cal.Rptr.2d 650, 985 P.2d 970].
•
Initial or Geistmediary Stages. People v. Jackson (1990) 218 Cal.App.3d 1493,
1503–1504 [267 Cal.Rptr. 841]; People v. Lancellotti (1993) 19 Cal.App.4th 809,
813 [23 Cal.Rptr.2d 640]; People v. Heath (1998) 66 Cal.App.4th 697, 703–704
[78 Cal.Rptr.2d 240].
•
Precursor Chemicals. People v. Pierson (2000) 86 Cal.App.4th 983, 992 [103
Cal.Rptr.2d 817].
RELATED ISSUES
Providing Place for Manufacture
Health and Safety Code section 11366.5 prohibits providing a place for the
manufacture or storage of a controlled substance. A defendant who provides a place
for the manufacture of a controlled substance may be convicted both as an aider and
abettor under Health and Safety Code section 11379.6 and as a principal under
Health and Safety Code section 11366.5. (People v. Sanchez (1994) 27 Cal.App.4th
918, 923 [33 Cal.Rptr.2d 155]; People v. Glenos (1992) 7 Cal.App.4th 1201, 1208
[10 Cal.Rptr.2d 363].) Conviction under Health and Safety Code section 11379.6
requires evidence that the defendant specifically intended to aid the manufacture of
the controlled substance, while conviction under Health and Safety Code section
11366.5 requires evidence that the defendant knew that the controlled substance was
for sale or distribution. (People v. Sanchez (1994) 27 Cal.App.4th 918, 923 [33
Cal.Rptr.2d 155]; People v. Glenos (1992) 7 Cal.App.4th 1201, 1208 [10 Cal.Rptr.2d
363].)
CALCRIM No. 2330
CONTROLLED SUBSTANCES
258

SECONDARY SOURCES
7 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 132.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [b], [f] (Matthew Bender).
CONTROLLED SUBSTANCES
CALCRIM No. 2330
259