COLJI-Crim. 18:71

The elements of the crime of unlawful possession of a controlled

substance by a practitioner or pharmacy are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

[3. was a practitioner, and

4. possessed a controlled substance,

5. which was not obtained from a pharmacy and which was

received from a person who was not licensed as a

manufacturer, distributor, or practitioner.]

[3. was a pharmacy, and

4. possessed a controlled substance,

5. which was received from any person who was not licensed as a

manufacturer or distributor, and which was not bought from

another pharmacy.]

[6. and that the defendant’s conduct was not legally authorized by

the affirmative defense[s] in Instruction[s] ___.]

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

proven each of the elements beyond a reasonable doubt, you should find

the defendant guilty of unlawful possession of a controlled substance by a

practitioner or pharmacy.

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

failed to prove any one or more of the elements beyond a reasonable doubt,

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

controlled substance by a practitioner or pharmacy.