CALCRIM (Jury Instructions) Section 2382. depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the effect
CALCRIM (Jury Instructions) § 2382
depressant, or hallucinogenic effect on the central nervous system
substantially similar to or greater than the effect of a controlled
substance.]]
[Selling for the purpose of this instruction means exchanging a
controlled substance for money, services, or anything of value.]
[A person transports for sale if he or she carries or moves something
from one location to another, even if the distance is short.]
[The People do not need to prove that the defendant knew which specific
controlled substance was to be (transported/carried/sold/given
away/prepared for sale/peddled), only that (he/she) was aware that it was
a controlled substance.]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
New January 2006; Revised February 2014, September 2017
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 violating Health and Safety Code section 11354(a),
in element 3, the court should replace “18 years of age or older” with “under 18
years of age.”
Give the bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
AUTHORITY
•
Elements. Health & Saf. Code, §§ 11353, 11354.
•
Age of Defendant Element of Offense. People v. Montalvo (1971) 4 Cal.3d 328,
332 [93 Cal.Rptr. 581, 482 P.2d 205].
•
Knowledge. People v. Horn (1960) 187 Cal.App.2d 68, 74–75 [9 Cal.Rptr. 578].
•
Selling. People v. Lazenby (1992) 6 Cal.App.4th 1842, 1845 [8 Cal.Rptr.2d 541].
•
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 353 at p. 362, fn. 5.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 124–126.
CONTROLLED SUBSTANCES
CALCRIM No. 2382
309
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.06[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.12, Ch. 145, Narcotics and Alcohol Offenses,
§ 145.01[1][a], [b], [g], [h], [3][a], [b], [c] (Matthew Bender).
CALCRIM No. 2382
CONTROLLED SUBSTANCES
310
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 2382. depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the effect. This means people must follow this rule, and breaking it can lead to criminal penalties.