CC 2361 defines the term “transports” as carrying or moving an item from one location to another, even if the distance is short. However, minimal movement that does not facilitate use or trafficking does not qualify as transportation. The requirement of volitional transport of methamphetamine from one location to another avoids any unwarranted extension of the statute to restrained, minimal movement within a residence or other confined area that does not facilitate trafficking, distribution, or personal use of drugs. The jury should be instructed:
However, minimal movements within a residence or other confined areas that do not facilitate trafficking, distribution, or personal use of drugs is not enough to qualify a transportation.
So long as there is substantial evidence supporting a defense theory, the judge must, if requested, instruct upon that theory. (People v. Panah (2005) 35 Cal. 4th 395, 484.)
