N.C.P.I.—Crim. 260.96D

The defendant has been charged with failure to train agents and

employees on requirements of sales of [glass tubes]1 [splitters]2.

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

prove two things beyond a reasonable doubt:

First, that the defendant is a retailer. Retailer means an individual

or entity that is the general owner of an establishment where glass tubes

or splitters are available for sale.

And Second, that the defendant failed to train agents and

employees on the requirement to:

a) [not offer [glass tubes] [splitters] for retail sale by self-service]

b) [store and sell [glass tubes] [splitters] from behind a counter

where the general public cannot access them without the assistance of

the retailer’s [agent] [employee]]

c) [require any member of the public to whom it transfers a

[glass tube] [splitter], with or without consideration, to present

identification that includes a photograph that is an accurate depiction of

the person and also includes the person’s name and current address,

enter the person’s name and current address on a record that the retailer

shall maintain, and have the person verify, by signature, that the [glass

tube] [splitter] will not be used as drug paraphernalia in violation of the

criminal laws of the State of North Carolina]

d) [maintain the record with the name, address and signature of

any person to whom it transfers a [glass tube] [splitter] for a period of

two years from the date of each transaction]

e) [have the record with the name, address and signature of any

person to whom it transfers a [glass tube] [splitter] readily available

within 48 hours of the time of the transaction for inspection by an

authorized official of a federal, state, or local law enforcement agency].

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

about the alleged date, the defendant was a retailer of [glass tubes]

[splitters] and that the defendant failed to train its agents and

employees on the requirement to:

a) [not offer [glass tubes] [splitters] for retail sale by self-service]

b) [store and sell [glass tubes] [splitters] from behind a counter

where the general public cannot access them without the assistance of

the retailer’s [agent] [employee]]

c) [require any member of the public to whom it transfers a

[glass tube] [splitter], with or without consideration, to present

identification that includes a photograph that is an accurate depiction of

the person and also includes the person’s name and current address,

enter the person’s name and current address on a record that the retailer

shall maintain, and have the person verify, by signature, that the [glass

tube] [splitter] will not be used as drug paraphernalia in violation of the

criminal laws of the State of North Carolina]

d) [maintain the record with the name, address and signature of

any person to whom it transfers a [glass tube] [splitter] for a period of

two years from the date of each transaction]

e) [have the record with the name, address and signature of any

person to whom it transfers a [glass tube] [splitter] readily available

within 48 hours of the time of the transaction for inspection by an

authorized official of a federal, state, or local law enforcement agency],

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

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

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