Conn. Crim. Jury Instr. 8.1-14

Note: This statute has other subsections that are limited to the regulatory scheme

applicable to practitioners, such as medical doctors and pharmacists. If the defendant is

being charged as a practitioner tailor the instruction accordingly. See also Obtaining

Prescription Drugs by Fraud, Instruction 8.1-13.

The defendant is charged [in count__] with the illegal (sale / possession) of prescription drugs.

The statute defining this offense reads in pertinent part as follows:

no person shall (sell / possess) any drug covered by said subsection, except as

authorized by law.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Sold or possessed drug

The first element is that the defendant (sold / possessed) a drug, specifically <identify drug>.

<Insert appropriate definition(s):>

• “Sale” is any form of delivery, which includes barter, exchange or gift, or offer therefor,

and each such transaction made by any person whether as principal, proprietor, agent,

servant or employee.

• “Possession” means either having the (substance / object) on one’s person or otherwise

having control over the (substance / object), that is, knowing where it is and being able to

access it.

Possession also requires that the defendant knew that (he/she) was in possession of the

<insert type of substance>. That is, that (he/she) was aware that (he/she) was in

possession of it and was aware of its nature. The state must prove beyond a reasonable

doubt that the defendant knew that (he/she) was in possession of <insert type of

substance>. <See Knowledge, Instruction 2.3-3.>

<If some form of constructive possession is alleged, see Possession, Instruction 2.11-1.>

Element 2 - Prescription drug

The second element is that the drug is required by state and federal law to be dispensed pursuant

only to a prescription or is restricted to use by prescribing practitioners only.2 “Prescription”

means a written, oral or electronic for any controlled substance or preparation from a licensed

practitioner to a pharmacist for a patient.

Element 3 - Not authorized

The third element is that such conduct of the defendant was not legally authorized. The term

“legally authorized” means that the drugs were not dispensed pursuant to a lawful prescription or

by a prescribing practitioner.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (sold /

possessed) <identify drug>, 2) <identify drug> can only legally be obtained through a legitimate

prescription, and 3) the defendant’s (sale / possession) of the drug was not authorized by law.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of illegal (possession / sale) of a prescription drug, then you shall find the defendant

guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a

reasonable doubt any of the elements, you shall then find the defendant not guilty.

1 Ascertain from counsel what form of possession is alleged. The definition should be narrowly

tailored to the allegations.

2 See General Statutes § 21a-106 (k) and § 20-571 (14).