Possession Of Controlled Substance While Armed With Firearm

Health & Saf. Code, § 11370.1 [CALCRIM 2303]

To prove the defendant is guilty of possessing a controlled substance while armed with a firearm, the prosecution must prove the following:

1. The defendant illegally 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. The controlled substance was in a usable amount;
5. While possessing that controlled substance, the defendant had a loaded, operable firearm available for immediate offensive or defensive use;
   AND
6. The defendant knew that they had the firearm available for immediate offensive or defensive use.

The prosecution does not need to prove that the defendant knew which specific controlled substance they possessed. The knowledge that an available firearm is loaded and operable is not required either.

Pursuant to Health and Safety Code section 11370.1, possessing a controlled substance while armed with a loaded, operable firearm is a felony resulting in imprisonment in the state prison for two, three, or four years.