SERIES 2300 CONTROLLED SUBSTANCES
F 2391 Offering To Sell, Furnish, Etc., Marijuana To Minor (HS 11361)
TABLE OF CONTENTS
F 2391.1 Titles And Identification Of Parties
F 2391.1 Inst 1 Offering To Sell, Furnish, Etc., Marijuana To Minor—Title
F 2391.1 Inst 2 Identification Of Prosecution And Defendant
F 2391.2 Offering To Sell, Furnish, Etc., Marijuana To Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 2391.2 Inst 1 (a-c) Include Definition In Elements; Tailor To Facts
F 2391.3 Offering To Sell, Furnish, Etc., Marijuana To Minor—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2391.4 Offering To Sell, Furnish, Etc., Marijuana To Minor—Burden Of Proof Issues
F 2391.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2391.5 Offering To Sell, Furnish, Etc., Marijuana To Minor—Elements And Definitions
F 2391.5 Inst 1 Causation Instructions Required For Administration Theory
F 2391.5 Inst 2 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
F 2391.5 Inst 3 Personal Use
F 2391.6 Offering To Sell, Furnish, Etc., Marijuana To Minor—Defense Theories
F 2391.6 Inst 1 Usable Amount: Pinpoint Instruction
F 2391.6 Inst 2 Sale Or Transportation Of Drugs: Knowledge Requirement
F 2391.6 Inst 3 Offer To Sell Controlled Substance: Knowledge Requirement
F 2391.7 Offering To Sell, Furnish, Etc., Marijuana To Minor—Preliminary Fact Issues [Reserved]
F 2391.8 Offering To Sell, Furnish, Etc., Marijuana To Minor— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2391.9 Offering To Sell, Furnish, Etc., Marijuana To Minor—Lesser Offense Issues [Reserved]
F 2391 Notes
F 2391 Note 1 Offering To Sell, Furnish, Etc., Marijuana To Minor—CALCRIM Cross-References And Research Notes
F 2391 Note 2 Selling Or Offering Drugs: Possession Is Not LIO
F 2391 Note 3 Sale Of Drugs: Defendant Permitted To Comment on Lack of Fingerprint Evidence
F 2391 Note 4 Drug Sales
F 2391 Note 5 Possession For Sale: Expert Testimony Regarding Structure Of Drug Trafficking Organizations When No Conspiracy Charged
F 2391 Note 6 Offer To Sell As LIO Of Selling
F 2391 Note 7 Offer To Sell Controlled Substance: Definition Of Administer
F 2391 Note 8 Sale Of Drugs To Minor: Belief As To Age
F 2391 Note 9 Sale Of Drugs: Entrapment
Return to Series 2300 Table of Contents.
F 2391.1 Titles And Identification Of Parties
F 2391.1 Inst 1 Offering To Sell, Furnish, Etc., Marijuana To Minor—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2391.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 2391.2Offering To Sell, Furnish, Etc., Marijuana To Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 2391.2 Inst 1 (a-c) Include Definition In Elements; Tailor To Facts
*Replace 2391, Element 1 [Selling], as follows:
Alternative a:
1. The defendant offered to exchange marijuana for (money/ _______________ <specify service>/_______________ <specify other thing of value>);
[Source: Adapted from CC 2391, paragraph 3.]
Alternative b-1 [Administered Directly]:
1. The defendant offered to apply marijuana directly to the body of _______________ <name of person to whom controlled substance was administered> by (injection/_______________ <specify other means>;
[Source: Adapted from CC 2391, paragraph 4.]
Alternative b-2 [Administered By Causing Other Person To Consume The Controlled Substance]:
1. The defendant offered to cause* _______________ <name of person to whom controlled substance was administered> to inhale, ingest or otherwise consume marijuana;
*Note: Causation instructions may be appropriate (see FORECITE F 1501.5 Inst 2).
[Source: Adapted from CC 2391, paragraph 4.]
Alternative c [Undefined Theories]:
1. The defendant offered to (furnish/give away) marijuana.
[Delete paragraphs 3 & 4.]
Points and Authorities
See FORECITE F 2300.2 Inst 1.
F 2391.3 Offering To Sell, Furnish, Etc., Marijuana To Minor—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 2391.4 Offering To Sell, Furnish, Etc., Marijuana To Minor—Burden Of Proof Issues
F 2391.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2391.5 Offering To Sell, Furnish, Etc., Marijuana To Minor—Elements And Definitions
F 2391.5 Inst 1 Causation Instructions Required For Administration Theory
See FORECITE F 2300.5 Inst 1.
F 2391.5 Inst 2 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
See FORECITE F 2300.5 Inst 3.
F 2391.5 Inst 3 Personal Use
See FORECITE F 2300.5 Inst 4.
F 2391.6 Offering To Sell, Furnish, Etc., Marijuana To Minor—Defense Theories
F 2391.6 Inst 1 Usable Amount: Pinpoint Instruction
See FORECITE F 2300.6 Inst 2.
F 2391.6 Inst 2 Sale Or Transportation Of Drugs: Knowledge Requirement
See FORECITE F 2300.6 Inst 3.
F 2391.6 Inst 3 Offer To Sell Controlled Substance: Knowledge Requirement
*Add the following element to CC 2391:
5. Such person had knowledge of its nature as a controlled substance.
Points and Authorities
See FORECITE F 2301.6 Inst 3.
F 2391.7 Offering To Sell, Furnish, Etc., Marijuana To Minor—Preliminary Fact Issues[Reserved]
F 2391.8 Offering To Sell, Furnish, Etc., Marijuana To Minor— Unanimity/ Duplicity/ Multiplicity[Reserved]
F 2391.9 Offering To Sell, Furnish, Etc., Marijuana To Minor—Lesser Offense Issues[Reserved]
F 2391 NOTES
F 2391 Note 1Offering To Sell, Furnish, Etc., Marijuana To Minor—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 2300 Notes
See FORECITE F 2380 Notes
CALCRIM 2390 [Sale, Furnishing, Etc., of Marijuana to Minor]
CALCRIM 2392 [Employment of Minor to Sell, Etc., Marijuana]
CALCRIM 2393 [Inducing Minor to Use Marijuana]
Research Notes:
See CLARAWEB Forum, Controlled Substances—Series 2300.
F 2391 Note 2Selling Or Offering Drugs: Possession Is Not LIO
See FORECITE F 2300 Note 4.
F 2391 Note 3Sale Of Drugs: Defendant Permitted To Comment on Lack of Fingerprint Evidence
See FORECITE F 2300 Note 5.
F 2391 Note 4Drug Sales
See FORECITE F 2300 Note 7.
F 2391 Note 5 Possession For Sale: Expert Testimony Regarding Structure Of Drug Trafficking Organizations When No Conspiracy Charged
See FORECITE F 2300 Note 12.
F 2391 Note 6 Offer To Sell As LIO Of Selling
See FORECITE F 2300 Note 13.
F 2391 Note 7 Offer To Sell Controlled Substance: Definition Of Administer
See FORECITE F 2300 Note 6.
F 2391 Note 8 Sale Of Drugs To Minor: Belief As To Age
See FORECITE F 2380 Note 7.
F 2391 Note 9Sale Of Drugs: Entrapment
See FORECITE F 2300 Note 3.
