ICJI 415A

ICJI 415A POSSESSION OF A SIMULATED CONTROLLED SUBSTANCE

WITH INTENT TO DISTRIBUTE

In order for the defendant to be guilty of Possession of a Simulated Controlled Substance with the Intent to Distribute, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] possessed [name of substance],

4. the defendant either knew it was a simulated controlled substance or believed it was a controlled substance, and

5. the defendant intended to distribute that substance to another.

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. ��37-2732(g). If the charge is possession of a controlled substance by an inmate, see ICJI 604.

See ICJI 425 for the definition of a "simulated controlled substance."

If the defendant is charged with "second offense" drug possession, I.C. ��37-2739, that issue should be presented in a bifurcated proceeding as provided in ICJI 1601.

In State v. Fox, 124 Idaho 924, 866 P.2d 181 (1993), the Supreme Court held that I.C. ��37-2732(c) does not set forth any mental state as an element of the crime of possession of a controlled substance. "Thus, as [this statute] does not expressly require any mental element and I.C. ��18-114 only requires a general intent, we conclude that the offense only requires a general intent, that is, the knowledge that one is in possession of the substance." The Court held that the defendant's lack of knowledge that the substance was illegal (as a controlled substance) was irrelevant.