COLJI-Crim. 18:02.INT

If you find the defendant not guilty of unlawful possession of a

controlled substance, you should disregard this instruction and fill out the

verdict form reflecting your not guilty verdict.

If, however, you find the defendant guilty of unlawful possession of

a controlled substance, you should sign the verdict form to indicate your

finding of guilt, and answer the following verdict question on the verdict

form:

Did the defendant unlawfully possess [insert “flunitrazepam,”

“ketamine,” “gamma hydroxybutyrate, including its salts, isomers,

and salts of isomers,” “cathinones,” or “more than four grams of a

controlled substance listed in schedule I or II”]? (Answer

“Yes” or “No”)

The defendant unlawfully possessed [insert “flunitrazepam,”

“gamma hydroxybutyrate, including its salts, isomers, and salts of

isomers,” “ketamine,” “cathinones,” or “more than four grams of a

controlled substance listed in schedule I or II”] only if:

1. the controlled substance unlawfully possessed by the defendant

was any material, compound, mixture, or preparation that

contained any quantity of [insert “flunitrazepam,” “ketamine,”

“gamma hydroxybutyrate, including its salts, isomers, and salts

of isomers,” “cathinones,” or “more than four grams of a

controlled substance listed in schedule I or II”].

The prosecution has the burden to prove the numbered condition

beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.