N.C.P.I.—Crim. 222.69

The defendant has been charged with unlawful dealings with

[gingseng] [galax] [Venus flytrap].

For you to find the defendant guilty of this offense, the State must

prove the following beyond a reasonable doubt,

That the defendant:

a) [[uprooted] [dug] [took] [otherwise disturbed] [removed]

from another person’s land [gingseng] [galax] [Venus

flytrap] and did so without a written permit from the

owner.1

b) [bought [ginseng] [galax] [Venus flytrap] outside of the

buying season as set by the North Carolina Plant

Conservation Board without obtaining the required

documents from the person selling the [ginseng] [galax]

[Venus flytrap]];

c) [bought ginseng for the purpose of [resale] [trade] without

holding a current valid permit as a ginseng dealer];

d) [bought more than five pounds of galax for the purpose of

resale or trade without a copy of the landowner’s written

permission and confirmation of the collection date];

e) [bought more than 50 Venus flytrap plants for the purpose

of resale or trade, and not in compliance with applicable

regulations].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant unlawfully

a) [[uprooted] [dug] [took] [otherwise disturbed] [removed]

from another person’s land [gingseng] [galax] [Venus

flytrap] and did so without a written permit from the

owner.

b) [bought [ginseng] [galax] [Venus flytrap] outside of the

buying season as set by the North Carolina Plant

Conservation Board without obtaining the required

documents from the person selling the [ginseng] [galax]

[Venus flytrap]];

c) [bought ginseng for the purpose of [resale] [trade] without

holding a current valid permit as a ginseng dealer];

d) [bought more than five pounds of galax for the purpose of

resale or trade without a copy of the landowner’s written

permission and confirmation of the collection date];

e) [bought more than 50 Venus flytrap plants for the purpose

of resale or trade, and not in compliance with applicable

regulations],

it would be your duty to return a verdict of guilty. If you do not so find or

have a reasonable doubt as to one or more of these things, then it would

be your duty to return a verdict of not guilty.