N.C.P.I.—Crim. 260.17

The defendant has been charged with trafficking in [marijuana1]

[methaqualone] [cocaine] [[amphetamine] [any mixture containing

amphetamine]]2 [[methamphetamine] [any mixture containing

methamphetamine]]3 [opium] [opiate] [opioid] [heroin] [lysergic acid diethylamide

(LSD)] [methylenedioxyamphetamine (MDA)] [methylenedioxymethamphetamine

(MDMA)] [any substituted cathinones]4 [synthetic cannabinoid], which is the

unlawful possession of (state amount)5 of (name substance).

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

things beyond a reasonable doubt:

First, that the defendant knowingly6 possessed [marijuana] [methaqualone]

[cocaine] [[amphetamine] [any mixture containing amphetamine]]

[[methamphetamine] [any mixture containing methamphetamine]] [opium]

[opiate] [opioid] [heroin] [LSD] [MDA] [MDMA] [any substituted cathinones]

[synthetic cannabinoid].7 A person possesses (name controlled substance) if the

person is aware of its presence and has (either by oneself or together with others)

both the power and intent to control the disposition or use of that substance.

NOTE WELL: If constructive possession of the controlled substance is an

issue, or if an amplified definition of possession is needed, the trial judge

should refer to N.C.P.I.—Crim. 104.41 for further instructions.

NOTE WELL: Where the state seeks to establish the exact amount of the

controlled substance involved, this exact amount may be inserted.

Where the exact amount is at issue, the judge should instruct on the

appropriate range of amounts under the statute. Care should be used in

explaining the applicable range. See State v. Charles, 669 S.E.2d 859

(N.C. App. 2008) (holding that the court’s instruction did not constitute

plain error where the court instructed the jury that the amount trafficked

by the defendant was “between 10 and 50 pounds”, although the statute

provided that the amount be “in excess of 10 pounds but less than 50

pounds”; there was no evidence that the weight was 10 pounds.)

And Second, that the amount of (name controlled substance) which the

defendant possessed was (state amount)8.

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

alleged date the defendant knowingly possessed (name controlled substance) and

that the amount which the defendant possessed was (state amount), 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 both of these things, it would be your duty to return a verdict of

not guilty9.