SERIES 2300 CONTROLLED SUBSTANCES
F 2390 Sale, Furnishing, Etc., Of Marijuana To Minor (HS 11361)
TABLE OF CONTENTS
F 2390.1 Titles And Identification Of Parties
F 2390.1 Inst 1 Sale, Furnishing, Etc., Of Marijuana To Minor—Title
F 2390.1 Inst 2 Identification Of Prosecution And Defendant
F 2390.2 Sale, Furnishing, Etc., Of Marijuana To Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 2390.2 Inst 1 (a-c) Include Definition In Elements; Tailor To Facts
F 2390.3 Sale, Furnishing, Etc., Of Marijuana To Minor—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2390.4 Sale, Furnishing, Etc., Of Marijuana To Minor—Burden Of Proof Issues
F 2390.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2390.5 Sale, Furnishing, Etc., Of Marijuana To Minor—Elements And Definitions
F 2390.5 Inst 1 Causation Instructions Required For Administration Theory
F 2390.5 Inst 2 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
F 2390.6 Sale, Furnishing, Etc., Of Marijuana To Minor—Defense Theories
F 2390.6 Inst 1 Sale Or Transportation Of Drugs: Knowledge Requirement
F 2390.6 Inst 2 Usable Amount: Pinpoint Instruction
F 2390.6 Inst 3 Sale Of Drugs: Knowledge Requirement
F 2390.7 Sale, Furnishing, Etc., Of Marijuana To Minor—Preliminary Fact Issues [Reserved]
F 2390.8 Sale, Furnishing, Etc., Of Marijuana To Minor—Unanimity/Duplicity/Multiplicity [Reserved]
F 2390.9 Sale, Furnishing, Etc., Of Marijuana To Minor—Lesser Offense Issues [Reserved]
F 2390 Notes
F 2390 Note 1 Sale, Furnishing, Etc., Of Marijuana To Minor—CALCRIM Cross-References And Research Notes
F 2390 Note 2 Selling Or Offering Drugs: Possession Is Not LIO
F 2390 Note 3 Sale Of Drugs: Defendant Permitted To Comment on Lack of Fingerprint Evidence
F 2390 Note 4 Drug Sales
F 2390 Note 5 Possession For Sale: Expert Testimony Regarding Structure Of Drug Trafficking Organizations When No Conspiracy Charged
F 2390 Note 6 Offer To Sell As LIO Of Selling
F 2390 Note 7 Sale Of Drugs To Minor: Belief As To Age
F 2390 Note 8 Sale Of Drugs: Entrapment
Return to Series 2300 Table of Contents.
F 2390.1 Titles And Identification Of Parties
F 2390.1 Inst 1 Sale, Furnishing, Etc., Of Marijuana To Minor—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2390.1 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 2390.2Sale, Furnishing, Etc., Of Marijuana To Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 2390.2 Inst 1 (a-c) Include Definition In Elements; Tailor To Facts
*Replace 2390, Element 1 [Selling], as follows:
Alternative a:
1. The defendant exchanged marijuana for (money/ _______________ <specify service>/_______________ <specify other thing of value>) to _______________ <name of alleged minor>;
[Source: Adapted from CC 2390, paragraph 3.]
Alternative b-1 [Administered Directly]:
1. The defendant applied marijuana directly to the body of _______________ <name of alleged minor to whom controlled substance was administered> by (injection/_______________ <specify other means>;
[Source: Adapted from CC 2390, paragraph 4.]
Alternative b-2 [Administered By Causing Other Person To Consume The Controlled Substance]:
1. The defendant caused* _______________ <name of alleged minor 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 2390, paragraph 4.]
Alternative c [Undefined Theories]:
1. The defendant (furnished/gave away) marijuana to _______________ <name of alleged minor>;
[Delete paragraphs 3 & 4.]
Points and Authorities
See FORECITE F 2300.2 Inst 1.
F 2390.3 Sale, Furnishing, Etc., Of Marijuana To Minor—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 2390.4 Sale, Furnishing, Etc., Of Marijuana To Minor—Burden Of Proof Issues
F 2390.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2390.5 Sale, Furnishing, Etc., Of Marijuana To Minor—Elements And Definitions
F 2390.5 Inst 1 Causation Instructions Required For Administration Theory
See FORECITE F 2300.5 Inst 1.
F 2390.5 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 2390.6 Sale, Furnishing, Etc., Of Marijuana To Minor—Defense Theories
F 2390.6 Inst 1 Sale Or Transportation Of Drugs: Knowledge Requirement
See FORECITE F 2300.6 Inst 3.
F 2390.6 Inst 2 Usable Amount: Pinpoint Instruction
See FORECITE F 2300.6 Inst 2.
F 2390.6 Inst 3 Sale Of Drugs: Knowledge Requirement
*Add to CC 2390 as follows:
The prosecution must prove that the defendant knew the substance (he/she) (sold/furnished/administered/gave)was controlled.
The defendant contends that (he/she) did not know the substance was _______________ <name of controlled substance> but instead believed it was a substance that is not controlled.
The prosecution must prove the defendant’s knowledge by proving that:
A. The defendant knew the substance was _______________ <name of controlled substance> and knew it was controlled;
OR
B. The defendant believed the substance was some other controlled substance which (he/she) knew was controlled.
The defendant does not need to prove that (he/she) did not know the substance was controlled. If you have a reasonable doubt about whether the defendant knew the substance was controlled, you must find (him/her) not guilty.
[Source: Adapted from CC 3400.]
Points and Authorities
See FORECITE F 2300.6 Inst 3.
F 2390.7 Sale, Furnishing, Etc., Of Marijuana To Minor—Preliminary Fact Issues[Reserved]
F 2390.8 Sale, Furnishing, Etc., Of Marijuana To Minor—Unanimity/Duplicity/Multiplicity[Reserved]
F 2390.9 Sale, Furnishing, Etc., Of Marijuana To Minor—Lesser Offense Issues [Reserved]
F 2390 NOTES
F 2390 Note 1 Sale, Furnishing, Etc., Of Marijuana To Minor—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 2300 Notes
See FORECITE F 2380 Notes
CALCRIM 2300 [Sale, Transportation, Etc., of Controlled Substance]
CALCRIM 2391 [Offering to Sell, Furnish, Etc., 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 2390 Note 2Selling Or Offering Drugs: Possession Is Not LIO
See FORECITE F 2300 Note 4.
F 2390 Note 3Sale Of Drugs: Defendant Permitted To Comment on Lack of Fingerprint Evidence
See FORECITE F 2300 Note 5.
F 2390 Note 4Drug Sales
See FORECITE F 2300 Note 7.
F 2390 Note 5 Possession For Sale: Expert Testimony Regarding Structure Of Drug Trafficking Organizations When No Conspiracy Charged
See FORECITE F 2300 Note 12.
F 2390 Note 6 Offer To Sell As LIO Of Selling
See FORECITE F 2300 Note 13.
F 2390 Note 7 Sale Of Drugs To Minor: Belief As To Age
In a prosecution for sale of a controlled substance to a minor (HS 11353) a mistaken belief that the minor was over the minimum age is not a defense. (People v. Williams (1991) 233 CA3d 407, 410-12.)
CALJIC NOTE: See FORECITE F 12.02 n1.
F 2390 Note 8 Sale Of Drugs: Entrapment
See FORECITE F 2304 Note 6.
