CALCRIM (Jury Instructions) Section 2391. minute of his or her birthday has begun.] [The People do not need to prove that the defendant actually possessed the c
CALCRIM (Jury Instructions) § 2391
minute of his or her birthday has begun.]
[The People do not need to prove that the defendant actually possessed
the cannabis.]
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.
In element 4, give the alternative of “under 14 years of age” only if the defendant is
charged with offering to furnish, administer, or give away cannabis to a minor under
14. (Health & Saf. Code, § 11361(a).)
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, § 11361.
•
Age of Defendant Element of Offense. People v. Montalvo (1971) 4 Cal.3d 328,
332 [93 Cal.Rptr. 581, 482 P.2d 205].
•
No Defense of Good Faith Belief Offeree Over 18. People v. Williams (1991)
233 Cal.App.3d 407, 410–411 [284 Cal.Rptr. 454]; People v. Lopez (1969) 271
Cal.App.2d 754, 760 [77 Cal.Rptr. 59].
•
Specific Intent. People v. Jackson (1963) 59 Cal.2d 468, 469–470 [30 Cal.Rptr.
329, 381 P.2d 1].
•
Administering. Health & Saf. Code, § 11002.
•
“Cannabis” Defined. Health & Saf. Code, § 11018.
LESSER INCLUDED OFFENSES
•
Offering to Sell to Person Not a Minor. Health & Saf. Code, § 11360.
•
Simple Possession of Cannabis. Health & Saf. Code, § 11357.
•
Possession for Sale of Cannabis. Health & Saf. Code, § 11359.
•
“Cannabis” Defined. Health & Saf. Code, §11018.
RELATED ISSUES
No Requirement That Defendant Delivered or Possessed Drugs
A defendant may be convicted of offering to sell even if there is no evidence that he
or she delivered or ever possessed any controlled substance. (People v. Jackson
(1963) 59 Cal.2d 468, 469 [30 Cal.Rptr. 329, 381 P.2d 1]; People v. Brown (1960)
CONTROLLED SUBSTANCES
CALCRIM No. 2391
321
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.
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In simple terms: CALCRIM (Jury Instructions) Section 2391. minute of his or her birthday has begun.] [The People do not need to prove that the defendant actually possessed the c. This means people must follow this rule, and breaking it can lead to criminal penalties.