SERIES 2300 CONTROLLED SUBSTANCES
F 2301 Offering To Sell, Transport, Etc., A Controlled Substance (HS 11352, 11379)
TABLE OF CONTENTS
F 2301.1 Titles And Identification Of Parties
F 2301.1 Inst 1 Offering To Sell, Transport, Etc., A Controlled Substance—Title
F 2301.1 Inst 2 Identification Of Prosecution And Defendant
F 2301.2 Offering To Sell, Transport, Etc., A Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories
F 2301.2 Inst 1 (a-d) Include Definition In Elements; Tailor To Facts
F 2301.3 Offering To Sell, Transport, Etc., A Controlled Substance—Language That Is Argumentative, Confusing, Etc.
F 2301.3 Inst 1 Delete Argumentative Language: Distance Can Be Short
F 2301.3 Inst 2 Deletion Of Argumentative Language
F 2301.4 Offering To Sell, Transport, Etc., A Controlled Substance—Burden Of Proof Issues
F 2301.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2301.5 Offering To Sell, Transport, Etc., A Controlled Substance—Elements And Definitions
F 2301.5 Inst 1 Causation Instructions Required For Administration Theory
F 2301.5 Inst 2 Item Must Be Transported “While Under The Defendant’s Control”
F 2301.5 Inst 3 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
F 2301.5 Inst 4 Personal Use
F 2301.5 Inst 5 Offer To Sell Controlled Substance: Knowledge Requirement
F 2301.6 Offering To Sell, Transport, Etc, A Controlled Substance—Defense Theories
F 2301.6 Inst 1 Juror Consideration Of Fact That Contraband Was Only Transported A Short Distance
F 2301.6 Inst 2 Usable Amount: Pinpoint Instruction
F 2301.6 Inst 3 Sale Or Transportation Of Drugs: Knowledge Requirement (HS 11352 & HS 11379)
F 2301.6 Inst 4 Jury Consideration Of Fact That Defendant Did Not Actually Possess The Controlled Substance
F 2301.6 Inst 5 Minimal Movement Within A Residence Is Not Transportation
F 2301.7 Offering To Sell, Transport, Etc., A Controlled Substance—Preliminary Fact Issues [Reserved]
F 2301.8 Offering To Sell, Transport, Etc., A Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2301.9 Offering To Sell, Transport, Etc., A Controlled Substance—Lesser Offense Issues [Reserved]
F 2301 Notes
F 2301 Note 1 Offering To Sell, Transport, Etc., A Controlled Substance—CALCRIM Cross-References And Research Notes
Return to Series 2300 Table of Contents.
F 2301.1 Titles And Identification Of Parties
F 2301.1 Inst 1 Offering To Sell, Transport, Etc., A Controlled Substance—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2301.1 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 2301.2Offering To Sell, Transport, Etc., A Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories
F 2301.2 Inst 1 (a-d) Include Definition In Elements; Tailor To Facts
Alternative a:
*Replace 2301, Element 1 [Selling], as follows:
1. The defendant offered to exchange _______________ <name of controlled substance> for (money/ _______________ <specify service>/_______________ <specify other thing of value>);
[Source: Adapted from CC 2301, paragraph 3.]
Alternative b [Transportation]:
1. The defendant offered to carry or move _______________ <name of controlled substance> from _______________ <specify beginning location> to _______________ <specify ending location> [while the _______________ <name of controlled substance> was under (his/her) control]*;
*See FORECITE F 2300.2 Inst 1.
[Source: Adapted from CC 2301, paragraph 4.]
Alternative c-1 [Administered Directly]:
1. The defendant offered to apply _______________ <name of controlled substance> directly to the body of _______________ <name of person to whom controlled substance was administered> by (injection/_______________ <specify other means>;
[Source: Adapted from CC 2301, paragraph 5.]
Alternative c-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 _______________ <name of controlled substance>;
*Note: Causation instructions may be appropriate (see FORECITE F 1501.5 Inst 2).
[Source: Adapted from CC 2301, paragraph 5.]
Alternative d [Undefined Theories]:
1. The defendant offered to (furnish/give away/import into California) _______________ <name of controlled substance>.
[Delete paragraphs 3, 4 & 5.]
Points and Authorities
See FORECITE F 2300.2 Inst 1.
F 2301.3 Offering To Sell, Transport, Etc., A Controlled Substance—Language That Is Argumentative, Confusing, Etc.
F 2301.3 Inst 1 Delete Argumentative Language: Distance Can Be Short
See FORECITE F 2300.3 Inst 1.
F 2301.3 Inst 2 Deletion Of Argumentative Language
*Modify CC 2301, paragraph 6, as follows [deleted language is stricken]:
[The People do not need to prove that the defendant actually possessed the controlled substance.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 2301.4 Offering To Sell, Transport, Etc., A Controlled Substance—Burden Of Proof Issues
F 2301.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2301.5 Offering To Sell, Transport, Etc., A Controlled Substance—Elements And Definitions
F 2301.5 Inst 1 Causation Instructions Required For Administration Theory
*Add to CC 2301 when appropriate:
See FORECITE F 2300.5 Inst 1.
F 2301.5 Inst 2 Item Must Be Transported “While Under The Defendant’s Control”
See FORECITE F 2300.5 Inst 2.
F 2301.5 Inst 3 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
See FORECITE F 2300.5 Inst 3.
F 2301.5 Inst 4 Personal Use
See FORECITE F 2300.5 Inst 4.
F 2301.5 Inst 5 Offer To Sell Controlled Substance: Knowledge Requirement
*Add the following element to CC 2301:
3. Such person had knowledge of its nature as a controlled substance.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Duty To Instruct On All Elements—See FORECITE F 103.2 Inst 1.
Knowledge As Element—Just as knowledge is an element of possession, possession for sale and sale of a controlled substance (CC 2300, CJ 12.00, CJ 12.01 and CJ 12.02) so too is it an element of an offer to sell. (See People v. Innis (1971) 16 CA3d 175, 178-79.)
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 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 12.03a.
F 2301.6 Offering To Sell, Transport, Etc, A Controlled Substance—Defense Theories
F 2301.6 Inst 1 Juror Consideration Of Fact That Contraband Was Only Transported A Short Distance
See FORECITE F 2300.6 Inst 1.
F 2301.6 Inst 2 Usable Amount: Pinpoint Instruction
See FORECITE F 2300.6 Inst 2.
F 2301.6 Inst 3 Sale Or Transportation Of Drugs: Knowledge Requirement (HS 11352 & HS 11379)
See FORECITE F 2300.6 Inst 3.
F 2301.6 Inst 4 Jury Consideration Of Fact That Defendant Did Not Actually Possess The Controlled Substance
See FORECITE F 416.3 Inst 4.
F 2301.6 Inst 5 Minimal Movement Within A Residence Is Not Transportation
See FORECITE F 2300.6 Inst 4.
F 2301.7 Offering To Sell, Transport, Etc., A Controlled Substance—Preliminary Fact Issues[Reserved]
F 2301.8 Offering To Sell, Transport, Etc., A Controlled Substance— Unanimity/ Duplicity/ Multiplicity[Reserved]
F 2301.9 Offering To Sell, Transport, Etc., A Controlled Substance—Lesser Offense Issues[Reserved]
F 2301 NOTES
F 2301 Note 1 Offering To Sell, Transport, Etc., A Controlled Substance—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 2300 Notes.
CALCRIM 2300 [Sale, Transportation, etc., of Controlled Substance]
CALCRIM 2302 [Possession for Sale of Controlled Substance]
CALCRIM 2303 [Possession of Controlled Substance While Armed With Firearm]
CALCRIM 2304 [Simple Possession of Controlled Substance]
CALCRIM 2305 [Defense: Momentary Possession of Controlled Substance]
Research Notes:
See CLARAWEB Forum, Controlled Substances—Series 2300.
