SERIES 2300 CONTROLLED SUBSTANCES
F 2375 Simple Possession Of Marijuana: Misdemeanor (HS 11357(c), HS 11018)
TABLE OF CONTENTS
F 2375 Simple Possession Of Marijuana: Misdemeanor (HS 11357(c), HS 11018)
F 2375.3 Inst 1 Modification Of Argumentative Definition Of Possession
F 2375.3 Inst 2 Possession: What The Prosecution Does Not Need To Prove – Instruction Should Be Balanced
Return to Series 2300 Table of Contents.
F 2375 Simple Possession Of Marijuana: Misdemeanor (HS 11357(c), HS 11018)
Adapt from FORECITE F 2304 and F 2360.
F 2375.3 Inst 1 Modification Of Argumentative Definition Of Possession
*Modify CC 2375 paragraph 6, sentence 2, as follows [deleted language is stricken]:
It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]
Points and Authorities
See FORECITE F 2302.3 Inst 1.
F 2375.3 Inst 2 Possession: What The Prosecution Does Not Need To Prove – Instruction Should Be Balanced
*Add to CC 2375, paragraph 4 if request to delete [F 2375.3 Inst 1] is denied:
However, [any evidence that] [the fact that] the defendant did not know which specific controlled substance he/she allegedly possessed is a factor to consider in attempting to decide whether the prosecution has proved beyond a reasonable doubt that the defendant [physically controlled] [or] [had the right to control] the _____________ <insert object allegedly possessed>.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request – [See CALCRIM Motion Bank # CCM-001.]
Matters Not Necessary To Prove: Need For Balance – See FORECITE F 2302.3 Inst 2.
WARNING! Federal Constitutional Claims May Be Lost Without Proper Federalization – To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
FORECITE CG 6.5 [Instructions Must Be Balanced Between Defense and Prosecution]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.