N.C.P.I.—Crim. 260.80

NOTE WELL: Use this instruction where there is evidence that the

defendant transferred a controlled substance, and there was some

order, but the substance was not prescribed within the normal

course of the professional practice of the person who gave the

order. Use this instruction also when there is evidence that the

defendant only pre scribed the substance and did not handle it at

all.

The defendant has been charged with feloniously dispensing (name

substance), a controlled substance.

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

prove five things beyond a reasonable doubt:

First, that the defendant was a [licensed (describe type of practitioner,

e.g., physician)] [a registered (describe type of registrant, e.g., scientific

investigator)] .

Second, that the defendant prescribed some controlled substance to

[(name person)] [a person whose name is not known].

Third, that the substance which the defendant prescribed was (name

substance). (Name substance) is a controlled substance.

Fourth, that the defendant's prescribing (name substance) [to] [for]

[(name person)] [the unknown person] was outside the normal course of the

professional practice of a (name defendant's occupation) within North

Carolina and was not for a legitimate medical or scientific purpose.

And Fifth, the state must prove beyond a reasonable doubt that the

defendant's violation was committed intentionally. 2

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

about the alleged date the defendant was a [licensed (name type of

practitioner)] [registered (name type of registrant)] and that the defendant

dispensed (name substance), a controlled substance, [to] [for] [(name

person)] [an unknown person] and that this was done intentionally and that

doing so under these circumstances was outside the normal course of the

professional practice of a (describe profession) in this State and was not for a

legitimate medical or scientific purpose, it would be your duty to return a

verdict of guilty of feloniously dispensing a controlled substance. If you do not

so find, or if you have a reasonable doubt as to one or more of these things,

you would not return a verdict of guilty of feloniously dispensing a controlled

substance, but would consider whether the defendant is guilty of

misdemeanor dispensing a controlled substance. Misdemeanor dispensing a

controlled substance differs from feloniously dispensing a controlled

substance only in that the State need not prove that the defendant acted

intentionally.

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

about the alleged date the defendant was a [licensed (name type of

practitioner)] [registered (name type of registrant)] and that the defendant

dispensed (name substance), a controlled substance, [to] [for] [(name

person)] [an unknown person] and that doing so under these circumstances

was outside the normal course of the professional practice of a (describe

occupation) in this State and was not for a legitimate medical or scientific

purpose, it would be your duty to return a verdict of guilty of misdemeanor

dispensing a controlled substance. If you do not so find, or if you have a

reasonable doubt as to one or more of these things, you would return a

verdict of not guilty.