Section 2748 | CALCRIM (Jury Instructions)

[(2/1). Has, is represented as having, or is intended to have a stimulant,
depressant, or hallucinogenic effect on the central nervous system
substantially similar to or greater than the effect of a controlled
substance.]]
A penal institution is a (state prison[,]/ [or] prison camp or farm[,]/ [or]
(county/ [or] city) jail[,]/ [or] county road camp[,]/ [or] county farm[,]/
[or] place where prisoners of the state prison are located under the
custody of prison officials, officers, or employees/ [or] place where
prisoners or inmates are being held under the custody of a (sheriff[,]/
[or] chief of police[,]/ [or] peace officer[,]/ [or] probation officer).
[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.]
[The People do not need to prove that the defendant knew which specific
controlled substance (he/she) possessed.]
[An object is intended to be used for injecting or consuming controlled
substances if the defendant (1) actually intended it to be so used, or (2)
should have known, based on the item’s objective features, that it was
intended for such use.]
[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.]
[Agreeing to buy a controlled substance does not, by itself, mean that a
person has control over that substance.]
[The People allege that the defendant possessed the following items:
<insert description of each controlled substance or all
paraphernalia when multiple items alleged>. You may not find the
defendant guilty unless all of you agree that the People have proved that
the defendant possessed at least one of these items and you all agree on
which item (he/she) possessed.]
<A. Defense: Prescription>
[The defendant is not guilty of unlawfully possessing
<insert type of controlled substance> if (he/she) had a valid prescription
for that substance written by a physician, dentist, podiatrist, or
veterinarian licensed to practice in California. The People have the
burden of proving beyond a reasonable doubt that the defendant did not
have a valid prescription. If the People have not met this burden, you
must find the defendant not guilty of possessing a controlled substance.]
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2748
641

<B. Defense: Conduct Authorized>
[The defendant is not guilty of this offense if (he/she) was authorized to
possess the (substance/item) by (the rules of the (Department of
Corrections/prison/jail/institution/camp/farm/place)/ [or] the specific
authorization of the (warden[,]/ [or] superintendent[,]/ [or] jailer[,]/ [or]
[other] person in charge of the (prison/jail/institution/camp/farm/place)).
The People have the burden o