COLJI-Crim. 18:86

The elements of the crime of manufacturing or delivering a

counterfeit controlled substance, or possessing a counterfeit controlled

substance with intent to manufacture or deliver, are:

1. That the defendant,

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

3. knowingly or intentionally,

4. manufactured, delivered, or possessed with intent to

manufacture or deliver,

5. a controlled substance which, or the container or labeling of

which, without authorization, bore the trademark, trade name,

or other identifying mark, imprint, number, or device, or any

likeness thereof, of a manufacturer, distributor, or dispenser,

other than the person who in fact manufactured, distributed, or

dispensed the substance.

[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 manufacturing or delivering a counterfeit

controlled substance, or possessing a counterfeit controlled substance with

intent to manufacture or deliver.

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 manufacturing or delivering a

counterfeit controlled substance, or possessing a counterfeit controlled

substance with intent to manufacture or deliver.