NC · jury_instructions
N.C.P.I.—Crim. 260.15
POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO [MANUFACTURE] [SELL] [DELIVER] – LESSER INCLUDED OFFENSE. FELONY, MISDEMEANOR.
The defendant has been charged with possessing (name substance)
with the intent to [manufacture] [sell] [deliver] it.
For you to find the defendant guilty of this offense, the State must
prove two things beyond a reasonable doubt:
First, that the defendant knowingly possessed (name substance).2
(Name substance) is a controlled substance. A person possesses (name
substance) when the person is aware of its presence and has, (either alone
or together with others), both the power and intent to control the disposition
or use of that substance.3
NOTE WELL: If constructive possession of the controlled
substance is an issue, or if an amplified definition of actual
possession is needed, the trial judge should refer to N.C.P.I.-
Crim. 104.41 for further instructions.
And Second, that the defendant intended to [manufacture]4 [sell]
[deliver]5 the (name substance). (Intent is seldom, if ever, provable by
direct evidence. It must ordinarily be proved by circumstances from which it
may be inferred).
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant knowingly possessed (name
substance), and intended to [manufacture] [sell] [deliver] it, it would be
your duty to return a verdict of guilty of possession of (name substance)
with the intent to [manufacture] [sell] [deliver]. If you do not so find or if
you have a reasonable doubt as to one or both of these things, you would
not return a verdict of guilty of possessing (name substance) with the intent
to [manufacture] [sell] [deliver] it, but would consider whether the
defendant is guilty of possessing (name substance). Possessing (name
substance) does not require proof that the defendant intended to
[manufacture] [sell] [deliver] it.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant knowingly possessed (name
substance), it would be your duty to return a verdict of guilty of possessing
(name substance). If you do not so find or if you have a reasonable doubt,
it would be your duty to return a verdict of not guilty.6
Stat. § 90-113.1. See also N.C.P.I.-Crim. 260.10.
History
N.C.P.I.—Crim. 260.15 (June 2014). N.C. Gen. Stat. § 90-95(a)(1), (3), (b), (d). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
9b638163ac9f1c574fa7b348478573fb29fdd4f8b79a9db5736b2afb4466b129
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