SERIES 2300 CONTROLLED SUBSTANCES
F 2362 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor (HS 11360(b))
TABLE OF CONTENTS
F 2362.1 Titles And Identification Of Parties
F 2362.1 Inst 1 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams— Misdemeanor—Title
F 2362.1 Inst 2 Identification Of Prosecution And Defendant
F 2362.2 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Tailoring To Facts: Persons, Places, Things And Theories
F 2362.2 Inst 1 Include Definition In Elements; Tailor To Facts
F 2362.3 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Language That Is Argumentative, Confusing, Etc.
F 2362.3 Inst 1 Deletion Of Argumentative Language
F 2362.4 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Burden Of Proof Issues
F 2362.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2362.5 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Elements And Definitions
F 2362.5 Inst 1 Knowledge Requirement
F 2362.6 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Defense Theories
F 2362.6 Inst 1 (a-c) Juror Consideration Of Fact That Defendant Did Not Actually Possess The Controlled Substance
F 2362.6 Inst 2 Minimal Movement Within A Residence Is Not Transportation
F 2362.7 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Preliminary Fact Issues [Reserved]
F 2362.8 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams— Misdemeanor— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2362.9 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Lesser Offense Issues [Reserved]
F 2362 Notes
F 2362 Note 1 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—CALCRIM Cross-References And Research Notes
Return to Series 2300 Table of Contents.
F 2362.1 Titles And Identification Of Parties
F 2362.1 Inst 1 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2362.1 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 2362.2 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Tailoring To Facts: Persons, Places, Things And Theories
F 2362.2 Inst 1Include Definition In Elements; Tailor To Facts
Adapt from FORECITE F 2300.2 Inst 1.
F 2362.3 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Language That Is Argumentative, Confusing, Etc.
F 2362.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 2362 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 2362.4 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Burden Of Proof Issues
F 2362.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2362.5 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Elements And Definitions
F 2362.5 Inst 1 Knowledge Requirement
*Add to CC 2362 as Element 3, 4 & 5 as follows:
3. The defendant knew of the substance’s presence;
4. The defendant knew the substance was marijuana;
5. The defendant knew marijuana was a controlled substance.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
The CALCRIM Deficiency—CALCRIM 2362 omits the required knowledge elements. (See FORECITE F 3306 Inst 1.)
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.
F 2362.6 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Defense Theories
F 2362.6 Inst 1 (a-c) Juror Consideration Of Fact That Defendant Did Not Actually Possess The Controlled Substance
*Add after CC 2362, last paragraph:
Alternative a [fact not disputed]:
However, the fact that the defendant did not actually possess the _______________ <type of controlled substance> is a circumstance to consider in evaluating whether the prosecution has proven [all the elements of the alleged _______________] [_____________ <insert specific element to which the evidence relates>].
Alternative b [fact disputed]:
However, whether or not the defendant actually possessed the _______________ <type of controlled substance> is a circumstance to consider in evaluating whether the prosecution has proven [all the elements of the alleged _______________] [_______________<insert specific element to which the evidence relates>].
Alternative c [fact disputed]:
However, in trying to determine whether or not _______________ <insert disputed fact or element>, consider whether or not the defendant actually possessed the _______________ <type of controlled substance>.
Points and Authorities
See FORECITE F 416.3 Inst 7.
F 2362.6 Inst 2 Minimal Movement Within A Residence Is Not Transportation
See FORECITE F 2300.6 Inst 4.
F 2362.7 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Preliminary Fact Issues[Reserved]
F 2362.8 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Unanimity/Duplicity/Multiplicity[Reserved]
F 2362.9 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—Lesser Offense Issues[Reserved]
F 2362 NOTES
F 2362 Note 1 Offering To Transport Or Give Away Marijuana: Not More Than 285 Grams—Misdemeanor—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 2301 Instructions and Notes.
CALCRIM 2360 [Transporting or Giving Away Marijuana: Not More Than 28.5 Grams—Misdemeanor]
CALCRIM 2361 [Transporting or Giving Away Marijuana: More Than 28.5 Grams]
CALCRIM 2363 [Offering to Transport or Give Away Marijuana: More Than 28.5 Grams]
Research Notes:
See CLARAWEB Forum, Controlled Substances—Series 2300.
