N.C.P.I.—Crim. 260.95

The defendant has been charged with unlawfully and knowingly

[using] [possessing with intent to use] drug paraphernalia.

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

prove three things beyond a reasonable doubt:

First, that the defendant [possessed] [used] certain drug

paraphernalia. "Drug paraphernalia" means all equipment, products and

materials of any kind that are used to facilitate, or intended or designed to

facilitate, violations of the Controlled Substances Act.2

Second, that the defendant did this knowingly.

A person possesses drug paraphernalia knowingly when the defendant

is aware of its presence, and has either by [himself] [herself] [together with

others] both the power and intent to control the disposition or use of said

paraphernalia.3

And Third, that the defendant did so with the intent to use said drug

paraphernalia in order to (name unlawful use; e.g., process) a controlled

substance which would be unlawful to possess. ((Name substance) is a

controlled substance in North Carolina that is unlawful to possess.)

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

about the alleged date the defendant unlawfully and knowingly [used]

[possessed with intent to use] certain drug paraphernalia in order to (name

unlawful use; e.g., process) a controlled substance which would be unlawful

to possess, then 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, it

would be your duty to return a verdict of not guilty.