Ill. Pattern Jury Instr. (Criminal) 17.43F

You may i

nfer that a place was intended to be used to manufacture a [(controlled

substance) (counterfeit substance) (controlled substance analog)] if a substance containing a

[(controlled substance) (counterfeit substance) (controlled substance analog)] or a substance

containing a chemical important to the manufacture of said substance is found at the place of the

alleged illegal controlled substance manufacturing in close proximity to equipment or to a

chemical used for facilitating the manufacture of said substance.

You never are required to make this inference. It is for the jury to determine whether the

inference should be drawn. You should consider all of the evidence in determining whether a

place was intended to be used to manufacture a [(controlled substance) (counterfeit substance)

(controlled substance analog)].

Committ

ee Note

Chapter

720 ILCS 5/12-2.6(b), added by P.A. 93-0516, effective January 1, 2004.

Give I

nstructions 17.41A, 17.42A, and 17.43E.

Use appl

icable bracketed material.

Give I

nstruction 17.33A, defining the term “counterfeit substance,” as appropriate.

The Co

mmittee points out that this Instruction permits a jury to make the inference herein

but that such an inference is permissive, not mandatory. People v. Pomykala, 203 Ill.2d 198, 784

N.E.2d 784, 271 Ill.Dec 230 (2003) and People v. Funches, 212 Ill.2d 334, 818 N.E.2d 342, 288

lll.Dec. 654 (2004). Mandatory presumptions are per se unconstitutional in Illinois. People v.

Watts, 181 Ill.2d 133, 692 N.E.2d 315, 229 Ill.Dec. 542 (1998). Consistent with the above

Illinois Supreme Court decisions, the Committee drafted the second paragraph of this instruction,

using IPI 23.30 (Presumptions of Being Under the Influence of Alcohol) as a model.

The sta

tute does not include cannabis when providing for this inference at 720 ILCS

5/12-2.6(b) and, therefore, cannabis is not included in this Instruction.

The brac

kets are present solely for the guidance of court and counsel and should not be

included in the instruction submitted to the jury.

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