To prove that the defendant is guilty of this crime, the People
must prove that:
1. The defendant possessed a controlled substance;
2. The defendant knew of its presence;
3. The defendant knew of the substance’s nature or
character as a controlled substance;
4. When the defendant possessed the controlled substance,
(he/she) intended to sell it;
5. The controlled substance was marijuana;
AND
6. The controlled substance was in a usable amount.
Planting, etc., Marijuana
To prove that the defendant is guilty of this crime, the People
must prove that:
1. The defendant [unlawfully] (planted[,] [or]/ cultivated[,]
[or]/ harvested[,] [or]/ dried[,] [or]/ processed) one or more
marijuana plants;
AND
2. The defendant knew that the substance (he/she) (planted[,]
[or]/ cultivated[,] [or]/ harvested[,] [or]/ dried[,] [or]/
processed) was marijuana.
[Marijuana means all or part of the Cannabis sativa L. plant,
whether growing or not, including the seeds and resin extracted
from any part of the plant. [It also includes every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or resin.] [It does not include the mature stalks
of the plant; fiber produced from the stalks; oil or cake made
from the seeds of the plant; any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake; or the
sterilized seed of the plant, which is incapable of germination.]]
[Possession or cultivation of marijuana is not unlawful if
authorized by the Compassionate Use Act. The Compassionate
Use Act allows a person to possess or cultivate marijuana for
personal medical purposes[, or as the primary caregiver of a
patient with a medical need,] when a physician has recommended
[or approved] such use. The amount of marijuana possessed or
cultivated must be reasonably related to the patient’s current
medical needs. The People have the burden of proving beyond a reasonable doubt that the defendant was not authorized to
possess or cultivate marijuana for medical purposes. If the
People have not met this burden, you must find the defendant
not guilty of this charge.
[A primary caregiver is someone who has consistently assumed
responsibility for the housing, health, or safety of a patient who
may legally possess or cultivate marijuana.]]