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SERIES 2400 CONTROLLED SUBSTANCES

G. USE AND POSSESSION OF PARAPHERNALIA

(i) Use

  • F 2400 Using Or Being Under The Influence Of Controlled Substance (HS 11550)
  • F 2400.1 Titles And Identification Of Parties
    • F 2400.1 Inst 1 Using Or Being Under The Influence Of Controlled Substance—Title
    • F 2400.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2400.2 Using Or Being Under The Influence Of Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2400.3 Using Or Being Under The Influence Of Controlled Substance—Language That Is Argumentative, Confusing, Etc.
    • F 2400.3 Inst 1 Separate Enumeration Of Combined Elements; “Willfully” As Discrete Element
    • F 2400.3 Inst 2 Willfully: Argumentative
  • F 2400.4 Using Or Being Under The Influence Of Controlled Substance—Burden Of Proof Issues
    • F 2400.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2400.5 Using Or Being Under The Influence Of Controlled Substance—Elements And Definitions
    • F 2400.5 Inst 1 Willfully: Knowledge
    • F 2400.5 Inst 2 Definition Of Prescription
  • F 2400.6 Using Or Being Under The Influence Of Controlled Substance—Defense Theories
    • F 2400.6 Inst 1 Prescription As Defense Theory—Modification Of Burden Shifting Language
  • F 2400.7 Using Or Being Under The Influence Of Controlled Substance—Preliminary Fact Issues [Reserved]
  • F 2400.8 Using Or Being Under The Influence Of Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 2400.9 Using Or Being Under The Influence Of Controlled Substance—Lesser Offense Issues [Reserved]
  • F 2400 Notes
    • F 2400 Note 1 Using Or Being Under The Influence Of Controlled Substance—CALCRIM Cross-References And Research Notes
    • F 2400 Note 2 Immediate Personal Possession Of Weapon While Under The Influence (HS 11550(e)): Definition Of “Immediate Personal Possession”
    • F 2400 Note 3 Use Or Under The Influence Of Controlled Substance: Requirement Of Current Use (HS 11550)
  • F 2400 Revision History and Commentary
  • F 2401 Aiding And Abetting Unlawful Use Of Controlled Substance (HS 11365)
  • F 2401.1 Titles And Identification Of Parties
    • F 2401.1 Inst 1 Aiding And Abetting Unlawful Use Of Controlled Substance—Title
    • F 2401.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2401.2 Aiding And Abetting Unlawful Use Of Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2401.3 Aiding And Abetting Unlawful Use Of Controlled Substance—Language That Is Argumentative, Confusing, Etc.
    • F 2401.3 Inst 1 Separate Enumeration Of Combined Elements; “Willfully” As Discrete Element
    • F 2401.3 Inst 2 Willfully: Argumentative
  • F 2401.4 Aiding And Abetting Unlawful Use Of Controlled Substance—Burden Of Proof Issues
    • F 2401.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2401.5 Aiding And Abetting Unlawful Use Of Controlled Substance—Elements And Definitions
    • F 2401.5 Inst 1 Willfully: Knowledge
    • F 2401.5 Inst 2 Aiding And Abetting: Issues And Instructions
  • F 2401.6 Aiding And Abetting Unlawful Use Of Controlled Substance—Defense Theories [Reserved]
  • F 2401.7 Aiding And Abetting Unlawful Use Of Controlled Substance—Preliminary Fact Issues [Reserved]
  • F 2401.8 Aiding And Abetting Unlawful Use Of Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 2401.9 Aiding And Abetting Unlawful Use Of Controlled Substance—Lesser Offense Issues [Reserved]
  • F 2402–2409 Reserved
  • (ii) Possession Of Paraphernalia
  • F 2410 Possession Of Controlled Substance Paraphernalia (HS 11364)
  • F 2410.1 Titles And Identification Of Parties
    • F 2410.1 Inst 1 Possession Of Controlled Substance Paraphernalia—Title
    • F 2410.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2410.2 Possession Of Controlled Substance Paraphernalia—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2410.3 Possession Of Controlled Substance Paraphernalia—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 2410.4 Possession Of Controlled Substance Paraphernalia—Burden Of Proof Issues
    • F 2410.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 2410.4 Inst 2 Defense: Authorized Possession For Personal Use—Correction Of Burden Shifting Language
  • F 2410.5 Possession Of Controlled Substance Paraphernalia—Elements And Definitions
    • F 2410.5 Inst 1 Possession
    • F 2410.5 Inst 2 Possession of Paraphernalia: Agreement Or Contract To Purchase: Not Possession (HS 11364)
    • F 2410.5 Inst 3 Possession of Paraphernalia: Under The Influence Not Sufficient (HS 11364)
  • F 2410.6 Possession Of Controlled Substance Paraphernalia—Defense Theories [Reserved]
  • F 2410.7 Possession Of Controlled Substance Paraphernalia—Preliminary Fact Issues [Reserved]
  • F 2410.8 Possession Of Controlled Substance Paraphernalia—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2410.9 Possession Of Controlled Substance Paraphernalia—Lesser Offense Issues [Reserved]
  • F 2410 Notes
    • F 2410 Note 1 Possession Of Controlled Substance Paraphernalia—CALCRIM Cross-References And Research Notes
    • F 2410 Note 2 Possession of Paraphernalia: Marijuana Smoking Devices Not Illegal
    • F 2410 Note 3 Possession of Paraphernalia: Intoxication Or Mental Impairment As Defense To Knowledge Element (HS 11364)
    • F 2410 Note 4 Possession of Paraphernalia: Juror Unanimity (HS 11364)
  • F 2411 Possession Of Hypodermic Needle Or Syringe (BP 4140)
  • F 2411.1 Titles And Identification Of Parties
    • F 2411.1 Inst 1 Possession Of Hypodermic Needle Or Syringe—Title
    • F 2411.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2411.2 Possession Of Hypodermic Needle Or Syringe—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2411.3 Possession Of Hypodermic Needle Or Syringe—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 2411.4 Possession Of Hypodermic Needle Or Syringe—Burden Of Proof Issues
    • F 2411.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 2411.4 Inst 2 Defense: Authorized Possession For Personal Use—Correction Of Burden Shifting Language
  • F 2411.5 Possession Of Hypodermic Needle Or Syringe—Elements And Definitions
    • F 2411.5 Inst 1 Possession
  • F 2411.6 Possession Of Hypodermic Needle Or Syringe—Defense Theories [Reserved]
  • F 2411.7 Possession Of Hypodermic Needle Or Syringe—Preliminary Fact Issues [Reserved]
  • F 2411.8 Possession Of Hypodermic Needle Or Syringe—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2411.9 Possession Of Hypodermic Needle Or Syringe—Lesser Offense Issues [Reserved]
  • F 2412 Fraudulently Obtaining A Hypodermic Needle Or Syringe (BP 4326(a))
  • F 2412.1 Titles And Identification Of Parties
    • F 2412.1 Inst 1 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Title
    • F 2412.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2412.2 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2412.3 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 2412.4 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Burden Of Proof Issues
    • F 2412.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2412.5 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Elements And Definitions
    • F 2412.5 Inst 1 Incorporate Definition Of Fraud Into The Fraud Element
    • F 2412.5 Inst 2 Instruction On Elements Of Predicate Crime
  • F 2412.6 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Defense Theories [Reserved]
  • F 2412.7 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Preliminary Fact Issues [Reserved]
  • F 2412.8 Fraudulently Obtaining A Hypodermic Needle Or Syringe— Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 2412.9 Fraudulently Obtaining A Hypodermic Needle Or Syringe—Lesser Offense Issues [Reserved]
  • F 2413 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe (4326(b))
  • F 2413.1 Titles And Identification Of Parties
    • F 2413.1 Inst 1 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe—Title
    • F 2413.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2413.2 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe—Tailoring To Facts: Persons, Places, Things And Theories
    • F 2413.2 Inst 1 Tailoring To Facts
  • F 2413.3 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 2413.4 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe—Burden Of Proof Issues
    • F 2413.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2413.5 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe—Elements And Definitions
    • F 2413.5 Inst 1 Incorporate Directly Or Indirectly Into Enumerated Elements
    • F 2413.5 Inst 2 Causation Instructions
  • F 2413.6 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe—Defense Theories [Reserved]
  • F 2413.7 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe— Preliminary Fact Issues [Reserved]
  • F 2413.8 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe— Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 2413.9 Using Or Permitting Improper Use Of A Hypodermic Needle Or Syringe—Lesser Offense Issues [Reserved]
  • F 2414–2429 Reserved
  • H. MONEY FROM CONTROLLED SUBSTANCES

  • F 2430 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds (HS 11370.6)
  • F 2430.1 Titles And Identification Of Parties
    • F 2430.1 Inst 1 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds —Title
    • F 2430.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2430.2 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds —Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2430.3 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—Language That Is Argumentative, Confusing, Etc.
    • F 2430.3 Inst 1 Improper Comment On The Evidence
  • F 2430.4 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—Burden Of Proof Issues
    • F 2430.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2430.5 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—Elements And Definitions
    • F 2430.5 Inst 1 Failure To Define “Sale,” “Transportation” And “Manufacture”
  • F 2430.6 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—Defense Theories
    • F 2430.6 Inst 1 Possession
  • F 2430.7 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—Preliminary Fact Issues [Reserved]
  • F 2430.8 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 2430.9 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—Lesser Offense Issues [Reserved]
  • F 2430 Notes
    • F 2430 Note 1 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Proceeds—CALCRIM Cross-References And Research Notes
    • F 2430 Note 2 Unlawful Possession Of Money: Factors-To-Consider Instruction Does Not Negate Burden Of Proof
  • F 2431 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase (HS 11370.6)
  • F 2431.1 Titles And Identification Of Parties
    • F 2431.1 Inst 1 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Title
    • F 2431.1 Inst 2 Identification Of Prosecution And Defendant
  • F 2431.2 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 2431.3 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Language That Is Argumentative, Confusing, Etc.
    • F 2431.3 Inst 1 Improper Comment On The Evidence
  • F 2431.4 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Burden Of Proof Issues
    • F 2431.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 2431.5 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Elements And Definitions
    • F 2431.5 Inst 1 Failure To Define “Sale,” “Transportation” And “Manufacture”
    • F 2431.5 Inst 2 Possession
    • F 2431.6Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Defense Theories [Reserved]
    • F 2431.7 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Preliminary Fact Issues [Reserved]
    • F 2431.8 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Unanimity/Duplicity/Multiplicity [Reserved]
    • F 2431.9 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—Lesser Offense Issues [Reserved]
    • F 2431 Notes
      • F 2431 Note 1 Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance: Money To Purchase—CALCRIM Cross-References And Research Notes
      • F 2431 Note 2 Unlawful Possession Of Money: Factors-To-Consider Instruction Does Not Negate Burden Of Proof
    • F 2432 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance (HS 11370.6(b))
    • F 2432.1 Titles And Identification Of Parties
      • F 2432.1 Inst 1 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Title
      • F 2432.1 Inst 2 Identification Of Prosecution And Defendant
    • F 2432.2 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
    • F 2432.3 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Language That Is Argumentative, Confusing, Etc.
      • F 2432.3 Inst 1 Improper Comment On The Evidence
    • F 2432.4 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Burden Of Proof Issues
      • F 2432.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 2432.5 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Elements And Definitions
      • F 2432.5 Inst 1 Failure To Define “Sale,” “Transportation” And “Manufacture”
    • F 2432.6 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Defense Theories
      • F 2432.6 Inst 1 Possession
    • F 2432.7 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Preliminary Fact Issues [Reserved]
    • F 2432.8 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Unanimity/Duplicity/Multiplicity [Reserved]
    • F 2432.9 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—Lesser Offense Issues [Reserved]
    • F 2432 Notes
      • F 2432 Note 1 Attorney’s Possession Of More Than $100,000 Related To Transaction Involving Controlled Substance—CALCRIM Cross-References And Research Notes
      • F 2432 Note 2 Unlawful Possession Of Money: Factors-To-Consider Instruction Does Not Negate Burden Of Proof
    • F 2433–2439 Reserved
    • I. OTHER RELATED OFFENSES

    • F 2440 Maintaining A Place For Controlled Substance Sale Or Use (HS 11366)
    • F 2440.1 Titles And Identification Of Parties
      • F 2440.1 Inst 1 Maintaining A Place For Controlled Substance Sale Or Use —Title
      • F 2440.1 Inst 2 Identification Of Prosecution And Defendant
    • F 2440.2 Maintaining A Place For Controlled Substance Sale Or Use —Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
    • F 2440.3 Maintaining A Place For Controlled Substance Sale Or Use —Language That Is Argumentative, Confusing, Etc.
      • F 2440.3 Inst 1 Delete Superfluous Verbiage
    • F 2440.4 Maintaining A Place For Controlled Substance Sale Or Use—Burden Of Proof Issues
      • F 2440.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 2440.5 Maintaining A Place For Controlled Substance Sale Or Use—Elements And Definitions
      • F 2440.5 Inst 1 Failure To Define “Sell”
    • F 2440.6 Maintaining A Place For Controlled Substance Sale Or Use—Defense Theories [Reserved]
    • F 2440.7 Maintaining A Place For Controlled Substance Sale Or Use—Preliminary Fact Issues [Reserved]
    • F 2440.8 Maintaining A Place For Controlled Substance Sale Or Use— Unanimity/ Duplicity/ Multiplicity [Reserved]
    • F 2440.9 Maintaining A Place For Controlled Substance Sale Or Use—Lesser Offense Issues [Reserved]
    • F 2440 Notes
      • F 2440 Note 1 Maintaining A Place For Controlled Substance Sale Or Use —CALCRIM Cross-References And Research Notes
      • F 2440 Note 2 Sale Of Drugs: Opening Or Maintaining An Unlawful Place To Sell Drugs (HS 11366)
      • F 2440 Note 3 Maintaining A Place For Controlled Substance Sale Or Use: Not Applicable To Repeated Sole Use Of Drugs At Home
    • F 2441 Use Of False Compartment To Conceal Controlled Substance (HS 11366.8) (Case Law Discussing This Instruction)
    • F 2441.1 Titles And Identification Of Parties
      • F 2441.1 Inst 1 Use Of False Compartment To Conceal Controlled Substance—Title
      • F 2441.1 Inst 2 Identification Of Prosecution And Defendant
    • F 2441.2 Use Of False Compartment To Conceal Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
    • F 2441.3 Use Of False Compartment To Conceal Controlled Substance—Language That Is Argumentative, Confusing, Etc. [Reserved]
    • F 2441.4 Use Of False Compartment To Conceal Controlled Substance—Burden Of Proof Issues
      • F 2441.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 2441.5 Use Of False Compartment To Conceal Controlled Substance—Elements And Definitions
      • F 2441.5 Inst 1 Possession
    • F 2441.6 Use Of False Compartment To Conceal Controlled Substance—Defense Theories [Reserved]
    • F 2441.7 Use Of False Compartment To Conceal Controlled Substance—Preliminary Fact Issues [Reserved]
    • F 2441.8 Use Of False Compartment To Conceal Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
    • F 2441.9 Use Of False Compartment To Conceal Controlled Substance—Lesser Offense Issues [Reserved]
    • F 2441 Notes
      • F 2441 Note 1 Use Of False Compartment To Conceal Controlled Substance—CALCRIM Cross-References And Research Notes
      • F 2441 Note 2 Controlled Substances: Use Of False Compartments
    • F 2442–2499 Reserved
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