Section 3415 | CALCRIM (Jury Instructions)

Give CALCRIM No. 3415, Legal Use Defense, on request if supported by
substantial evidence.
AUTHORITY
•
Elements. Health & Saf. Code, § 11358.
•
Harvesting. People v. Villa (1983) 144 Cal.App.3d 386, 390 [192 Cal.Rptr. 674].
•
Aider and Abettor Liability. People v. Null (1984) 157 Cal.App.3d 849, 852 [204
Cal.Rptr. 580].
•
Medical Cannabis. Health & Saf. Code, §§ 11362.5, 11362.775.
•
Burden of Proof for Defense of Medical Use. People v. Mower (2002) 28
Cal.4th 457, 460 [122 Cal.Rptr.2d 326, 49 P.3d 1067].
•
Amount Must Be Reasonably Related to Patient’s Medical Needs. People v.
Trippet (1997) 56 Cal.App.4th 1532, 1550–1551 [66 Cal.Rptr.2d 559].
•
Primary Caregiver. People v. Mentch (2008) 45 Cal.4th 274, 282–292 [85
Cal.Rptr.3d 480, 195 P.3d 1061].
•
Defendant’s Burden of Proof on Compassionate Use Defense. People v. Mentch
(2008) 45 Cal.4th 274, 292–294 [85 Cal.Rptr.3d 480, 195 P.3d 1061] (conc.opn.
of Chin, J.).
•
Medical Marijuana Program Act Defense. People v. Jackson (2012) 210
Cal.App.4th 525, 538–539 [148 Cal.Rptr.3d 375].
•
Definition of Cannabis. Health & Saf. Code, § 11018.
•
Definition of Industrial Hemp. Health & Saf. Code, § 11018.5.
LESSER INCLUDED OFFENSES
•
Simple Possession of Cannabis. Health & Saf. Code, § 11357.
RELATED ISSUES
Aider and Abettor Liability of Landowner
In People v. Null (1984) 157 Cal.App.3d 849, 852 [204 Cal.Rptr. 580], the court
held that a landowner could be convicted of aiding and abetting cultivation of
cannabis based on his or her knowledge of the activity and failure to prevent it. “If
[the landowner] knew of the existence of the illegal activity, her failure to take steps
to stop it would aid and abet the commission of the crime. This conclusion is based
upon the control that she had over her property.” (Ibid.)
SECONDARY SOURCES
7 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 136–146.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [b], [3][a], [a.1] (Matthew Bender).
2371–2374.
Reserved for Future Use
CONTROLLED SUBSTANCES
CALCRIM No. 2370
293

[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
New September 2018
BENCH NOTES
Instructional Duty
Pursuant to Health & Saf. Code, § 11362.1, certain activities involving cannabis are
lawful. Give the relevant bracketed paragraphs on defense request.
This instruction does not apply to offenses charged under Health & Saf. Code,
§§ 11362.2, 11362.3, and 11362.4, nor to any of the offenses enumerated in Health
& Saf. Code § 11362.45.
AUTHORITY
•
Elements. Health & Saf. Code, §§ 11362.1, 11362.2, 11362.3, 11362.4, 11362.45.
•
Definition of Cannabis. Health & Saf. Code, § 11018.
•
Definition of Industrial Hemp. Health & Saf. Code, § 11018.5.
3416–3424.
Reserved for Future Use
DEFENSES AND INSANITY
CALCRIM No. 3415
1007