CALCRIM (Jury Instructions) Section 3413. the defendant was not authorized to (plant[,] [or]/ cultivate[,] [or]/ harvest[,] [or]/ dry[,] [or]/ process) cannabis
CALCRIM (Jury Instructions) § 3413
the defendant was not authorized to (plant[,] [or]/ cultivate[,] [or]/
harvest[,] [or]/ dry[,] [or]/ process) cannabis for medical purposes. If the
People have not met this burden, you must find the defendant not guilty
of this crime.
New February 2015; Revised August 2015, September 2018, March 2019
BENCH NOTES
Instructional Duty
A collective or cooperative cultivation defense under the Medical Marijuana
Program Act may be raised to certain cannabis charges. (See Health & Saf. Code,
§ 11362.775.) The burden is on the defendant to produce sufficient evidence to raise
a reasonable doubt that possession was lawful. (People v. Jackson (2012) 210
Cal.App.4th 525, 529–531, 538–539 [148 Cal.Rptr.3d 375].)
A local ordinance prohibiting cannabis dispensaries does not nullify a defense under
the Medical Marijuana Program Act or the Compassionate Use Act. (People v.
Ahmed (2018) 25 Cal.App.5th 136, 142–143 [235 Cal.Rptr.3d 472]).
AUTHORITY
•
Elements. Health & Saf. Code, § 11362.775.
•
Factors To Consider. People v. Jackson (2012) 210 Cal.App.4th 525 [148
Cal.Rptr.3d 375].
•
Primary Caregiver. People v. Mentch (2008) 45 Cal.4th 274, 282–292 [85
Cal.Rptr.3d 480, 195 P.3d 1061]; People v. Mitchell (2014) 225 Cal.App.4th
1189, 1205–1206 [170 Cal.Rptr.3d 825].
•
Defendant’s Burden of Proof on Medical Marijuana Program Act Defense.
People v. Jackson (2012) 210 Cal.App.4th 525, 529–531, 538–539 [148
Cal.Rptr.3d 375].
•
All Members Need Not Participate in Cultivation. People v. Anderson (2015)
232 Cal.App.4th 1259 [182 Cal.Rptr.3d 276].
SECONDARY SOURCES
7 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 147.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01 (Matthew Bender).
CALCRIM No. 3413
DEFENSES AND INSANITY
1002
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 3413. the defendant was not authorized to (plant[,] [or]/ cultivate[,] [or]/ harvest[,] [or]/ dry[,] [or]/ process) cannabis. This means people must follow this rule, and breaking it can lead to criminal penalties.