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SERIES 2400 CONTROLLED SUBSTANCES

F 2400 Using Or Being Under The Influence Of Controlled Substance (HS 11550)

TABLE OF CONTENTS
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)

Return to Series 2400 Table of Contents.


F 2400.1 Titles And Identification Of Parties

F 2400.1 Inst 1 Using Or Being Under The Influence Of Controlled Substance—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 2400.1 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 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

*Modify CC 2400, Element 1 and 1/2, as follows [added language is underlined; deleted language is stricken]:

1. The defendant willfully [and unlawfully] used __________ <insert controlled substance listed in Health & Saf. Code, §11550>, a controlled substance, a short time before (his/her) arrest](;/.)

2. The defendant did so willfully.

(1/2). The defendant was willfully [and unlawfully] under the influence of __________ <insert controlled substance listed in Health & Saf. Code, § 11550>, a controlled substance, when (he/she) was arrested.

2. The defendant did so willfully.

[Renumber remaining elements.]

Points and Authorities

See FORECITE F 3500.2 Inst 1.


F 2400.3 Inst 2 Willfully: Argumentative

See FORECITE F 820.3 Inst 1.


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

See FORECITE F 400.4 Inst 1.


F 2400.5 Using Or Being Under The Influence Of Controlled Substance—Elements And Definitions

F 2400.5 Inst 1 Willfully: Knowledge

See FORECITE F 820.5 Inst 1.


F 2400.5 Inst 2 Definition Of Prescription

See CJ 12.30.1, paragraph 2.


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

Adapt from FORECITE F 2384.4 Inst 2.


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

CALCRIM Cross-References:

CALCRIM 2401 [Aiding and Abetting Unlawful Use of Controlled Substance]

Research Notes:

See CLARAWEB Forum, Controlled Substances—Series 2300.


F 2400 Note 2 Immediate Personal Possession Of Weapon While Under The Influence (HS 11550(e)): Definition Of “Immediate Personal Possession”

People v. Pena (1999) 74 CA4th 1078 held that when a firearm is in a toolbox in the back of the defendant’s pick-up it is not in the “immediate personal possession” of the defendant as defined in HS 11550(e).

CALJIC NOTE: See FORECITE F 17.24.1 n24.


F 2400 Note 3 Use Or Under The Influence Of Controlled Substance: Requirement Of Current Use (HS 11550)

It has been recognized that HS 11550 refers to “current use, not use in the past.” (People v. Velasquez (1976) 54 CA3d 695, 700; Bosco v. Justice Court (1978) 77 CA3d 179, 191; People v. Jones (1987) 189 CA3d 398, 404.)

CALJIC NOTE: See FORECITE F 16.060 n1.

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