Section 2338 | CALCRIM (Jury Instructions)

(ii)
Possession of Materials
2335. Possession With Intent to Manufacture Methamphetamine
or N-ethylamphetamine (Health & Saf. Code, § 11383.5(a))
The defendant is charged [in Count
] with possessing substances
with the intent to manufacture (methamphetamine/N-ethylamphetamine)
[in violation of Health and Safety Code section 11383.5(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant possessed both (methylamine and
phenyl-2-propanone/ethylamine and phenyl-2-propanone) at the
same time;
AND
2. When the defendant possessed both those substances, (he/she)
intended to use them to manufacture (methamphetamine/N-
ethylamphetamine).
[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
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 June 2007
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with possessing isomers or precursor chemicals under
Health and Safety Code section 11383.5(c), (d), (e), or (f), give CALCRIM No.
2338, Possession of Isomers or Precursors With Intent to Manufacture Controlled
Substance, instead of this instruction.
AUTHORITY
•
Elements. Health & Saf. Code, § 11383.5(a).
•
Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th 552,
556 [67 Cal.Rptr.2d 162].
•
Specific Intent Required. People v. Jenkins (1979) 91 Cal.App.3d 579, 583 [154
Cal.Rptr. 309].
262

2336. Possession With Intent to Manufacture PCP (Health & Saf.
Code, § 11383(a))
The defendant is charged [in Count
] with possessing substances
with the intent to manufacture phencyclidine (PCP) [or
<insert analog from Health & Saf. Code, § 11054(d)(22) or § 11055(e)(3)>]
[in violation of Health and Safety Code section 11383(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant possessed both (piperidine and
cyclohexanone/pyrrolidine and cyclohexanone/morpholine and
cyclohexanone) at the same time, either as individual substances
or combined together in one substance;
AND
2. When the defendant possessed those substances, (he/she) intended
to use them to manufacture phencyclidine (PCP) [or
<insert analog from Health & Saf. Code, § 11054(d)(22) or
§ 11055(e)(3)>].
[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
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 June 2007
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with possessing isomers or precursor chemicals under
Health and Safety Code sec