COLJI-Crim. 18:09.INT

If you find the defendant not guilty of unlawful distribution,

manufacturing, dispensing, or sale, 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 distribution,

manufacturing, dispensing, or sale, you should sign the verdict form to

indicate your finding of guilt, and answer the following verdict question

on the verdict form. [Although you may answer “No” to more than one

question, you may not answer “Yes” to more than one question. Further, if

you answer “Yes” to any question, you should not answer the other

question[s].]

[_. Did the unlawful distribution, manufacturing, dispensing, or

sale involve any material, compound, mixture, or preparation

that weighed more than fifty milligrams and contained

flunitrazepam? (Answer “Yes” or “No”)]

[_. Did the unlawful distribution, manufacturing, dispensing, or

sale involve any material, compound, mixture, or preparation

that weighed more than ten milligrams, but not more than fifty

milligrams, and contained flunitrazepam?

(Answer “Yes” or “No”)]

[_. Did the unlawful distribution, manufacturing, dispensing, or

sale involve any material, compound, mixture, or preparation

that weighed not more than ten milligrams and contained

flunitrazepam? (Answer “Yes” or “No”)]

The prosecution has the burden to prove the amount of the

flunitrazepam 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.