Does a trial court have a duty to instruct a sua sponte on a defense if they are relying on the defense?

With certain exceptions not applicable here, a trial court has a duty to instruct sua sponte on a defense if defendant is relying on the defense or there is substantial evidence to support the defense and it is not inconsistent with defendant's theory of the case. (People v. Dominguez (2006) 39 Cal.4th 1141, 1148.) Here, defendant was relying on the defense to criminal sanctions under sections 11359 or 11360 provided by section 11362.775 for qualified patients, persons with valid identification cards, and their designated primary caregivers who associate in order "collectively or cooperatively to

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