Del. P.J.I. Crim. No. 16.4755

AGGRAVATED POSSESSION OF [DRUG]

In order to find Defendant guilty of this charge, you must find that the State

has proved the following elements beyond a reasonable doubt:

1. The substance possessed was [drug], or any mixture containing [drug]

[, or has a chemical structure substantially similar to [drug] or that

was specifically designed to product an effect substantially similar to

[drug]];

2. Defendant possessed the substance;

3. Defendant acted knowingly; and

4. Defendant possessed [amount] or more of the substance.

“Possession” includes actual possession and constructive possession. Actual

possession means Defendant knowingly had direct physical control over the

substance. Constructive possession means the substance was within Defendant’s

reasonable control, that is, in or about Defendant’s person, premises, belongings,

or vehicle. In other words, Defendant had constructive possession over the

substance if Defendant had both the power and the intention, at a given time, to

exercise control over the substance, either directly or through another person.

Possession may be sole or joint. If one person has actual or constructive

possession of a thing, possession is sole. If two or more persons share actual or

constructive possession over a thing, possession is joint. Possession is proven if

you find beyond a reasonable doubt Defendant had actual or constructive

possession, either alone or jointly with others.

“Knowingly” means Defendant knew or was aware Defendant possessed the

substance. The State need not prove that Defendant had any knowledge of the

weight or quantity of the substance. However, the State must prove beyond a

reasonable doubt that the substance weighed a certain amount or was in a certain

quantity. Knowledge may be inferred from the surrounding circumstances,

considering whether a reasonable person in Defendant’s circumstances would

have had such knowledge.