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MT · jury_instructions

Mont. Crim. Jury Instr. 10-108(a) (2022)

Issues in Operation of a Noncommercial Vehicle or Commercial Motor Vehicle With Levels of Delta-9-Tetrahydrocannabinal of 5 ng/ml or More

activein force · 2022-01-01 – presentcompiled-edition

To convict the Defendant of the offense of operating a noncommercial vehicle or commercial motor vehicle with levels of delta-9-tetrahydrocannabinol or 5 ng/ml or more, the state must prove the following elements:

1. That the Defendant was [driving] [in actual physical control of] a [noncommercial vehicle] [commercial motor vehicle];

AND

2. The crime occurred within this state;

AND

3. That the Defendant's delta-9-tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more.

If you find from your consideration of the evidence that all of these elements have been proved beyond a reasonable doubt, then you should find the Defendant guilty.

If, on the other hand, you find from your consideration of the evidence that any of these elements has not been proved beyond a reasonable doubt then you should find the Defendant not guilty.

Provenance

Source
courts.mt.gov
Retrieved
2026-08-20
Edition
2022
Content hash
25f84132f660a270f58a44bfd1dd7da889db181957ece6d9262f9e298750db31
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