Conn. Crim. Jury Instr. 8.1-8

The defendant is charged [in count__] with possessing drug paraphernalia in a drug factory

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

no person shall knowingly possess drug paraphernalia in a drug factory situation for

the unlawful mixing, compounding or otherwise preparing any controlled substance.

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

beyond a reasonable doubt:

Element 1 - Knowingly possessed drug paraphernalia

The first element is that the defendant knowingly possessed drug paraphernalia. “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 drug

paraphernalia. 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 the drug paraphernalia. <See Knowledge, Instruction 2.3-3.>

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

<Insert appropriate portions of the definition of Drug Paraphernalia in the glossary that apply

to the allegations.>

Element 2 - Drug factory

The second element is that the defendant possessed the drug paraphernalia in a drug factory

situation. “Drug Factory” means any place used for the manufacturing, mixing, compounding,

refining, processing, packaging, distributing, storing, keeping, holding, administering or

assembling illegal substances contrary to the provisions of this chapter, or any building, room or

location which contains equipment or paraphernalia used for this purpose.

Element 3 - For preparation of controlled substance

The third element is that the defendant possessed drug paraphernalia for the knowingly unlawful

mixing, compounding or otherwise preparing of any controlled substance. The state must prove

that the defendant’s purpose in possessing the drug paraphernalia was to prepare a controlled

substance. The state alleges that the drug paraphernalia was for <insert specific allegations>.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant knowingly

possessed drug paraphernalia, 2) it was in a drug factory situation, and 3) it was for the purpose

of preparing a controlled substance.

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

of the crime of the possession of drug paraphernalia in a drug factory situation, 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.