CC 2300 — Transportation of a Controlled Substance — Does Not Adequately Explain the Specific Intent Element of the Offense
March 6th, 2018
Effective January 1, 2014, Health and Safety Code section 11379 was amended to limit the meaning of “transports” under the statute to transportation “for sale.” The jury instruction for section 11379 offenses was modified to reflect the 2014 amendment to the statute by inserting the words “for sale” after the word “transported” — “To prove […]
Tags: CC 2300, CC 2302, CC 2381, CC 2391, Controlled Substance, Mens Rea: Intent, Sample Instructions, Transportation
Marijuana Distribution: Minimal Movement as Defense Theory
November 13th, 2015
CC 2361 defines the term “transports” as carrying or moving an item from one location to another, even if the distance is short. However, minimal movement that does not facilitate use or trafficking does not qualify as transportation. The requirement of volitional transport of methamphetamine from one location to another avoids any unwarranted extension of […]
Tags: CC 2361, Controlled Substance, Defense Theory Instructions, Sample Instructions, Transportation