Section 2352 | CALCRIM (Jury Instructions)

[___. The defendant has at least two prior convictions for possession of
cannabis for sale(./;)]
[___. The defendant has at least one prior conviction for (
)
<insert description of offense requiring registration pursuant to Penal
Code section 290 or for an offense specified in clause (iv) of
subparagraph (c) of paragraph (2) of subdivision (e) of Penal Code
section 667.>](./;)
<Insert the following bracketed paragraphs if defendant is charged with
violating Health and Safety Code section 11359(d)>
[___. The defendant was 21 years of age or older when (he/she) (hired/
employed/used) a person 20 years of age or younger to
[unlawfully] (cultivate[,]/ [or] transport[,]/ [or] carry[,]/ [or]
sell[,]/ [or] offer to sell[,]/ [or] give away[,]/ [or] prepare for
sale[,]/ [or] peddle) cannabis;
AND
[___. When the defendant (hired/employed/used) a person 20 years of
age or younger to [unlawfully] (cultivate[,]/ [or] transport[,]/ [or]
carry[,]/ [or] sell[,]/ [or] offer to sell[,]/ [or] give away[,]/ [or]
prepare for sale[,]/ [or] peddle) cannabis, (he/she) knew that
person’s age and the tasks that the person would be doing.]
Selling for the purpose of this instruction means exchanging the cannabis
for money, services, or anything of value.
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.
[Cannabis means all or part of the Cannabis sativa L. plant, whether
growing or not, including the seeds and resin extracted from any part of
the plant. [It also includes every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin.]]
<If applicable, give the definition of industrial hemp: Health & Saf. Code,
§ 11018.5>
[Cannabis does not include industrial hemp. Industrial hemp means a
fiber or oilseed crop, or both, that only contain types of the plant
Cannabis sativa L. with no more than three-tenths of 1 percent
tetrahydrocannabinol from the dried flowering tops, whether growing or
not. Industrial hemp may include the seeds of the plant; the resin
extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or resin
produced from the seeds.]
CONTROLLED SUBSTANCES
CALCRIM No. 2352
279

•
Compassionate Use Defense Generally. People v. Wright (2006) 40 Cal.4th 81
[51 Cal.Rptr.3d 80, 146 P.3d 531]; People v. Urziceanu (2005) 132 Cal.App.4th
747 [33 Cal.Rptr.3d 859]; People v. Galambos (2002) 104 Cal.App.4th 1147,
1165–1167 [128 Cal.Rptr.2d 844]; People ex rel. Lungren v. Peron (1997) 59
Cal.App.4th 1383, 1389 [70 Cal.Rptr.2d 20].
•
Medical Marijuana Program Act Defense. People v. Jackson (2012) 210
Cal.App.4th 525, 538–539 [148 Cal.Rptr.3d 375].
•
Specific Intent to Sell Personally or That Another Will Sell Required. People v.
Parra (1999) 70 Cal. App. 4th