CJI2d[NY] Penal Law §§ 222.50(1); 222.55(1); 222.60; Penal Law § 222.65

The (specify) count is [Aggravated] Criminal Sale of Cannabis in the (specify) degree.

Under our law, a person is guilty of [Aggravated] Criminal Sale of Cannabis in the (specify) Degree when that person knowingly and unlawfully sells more than (specify weight and substance: Cannabis / Concentrated Cannabis).

The following terms used in that definition have a special meaning:

[CANNABIS means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined in section three of the cannabis law or drug products approved by the Federal Food and Drug Administration.¹]

[CONCENTRATED CANNABIS means:

(a) the separated resin, whether crude or purified, obtained from a plant of the genus Cannabis; or

(b) a material, preparation, mixture, compound or other substance which contains more than three percent by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene numbering system.²]

SELL means to sell, exchange, or dispose of for compensation. Add if applicable: "Sell" shall not include the transfer of up to 3 ounces of cannabis [(or) up to 24 grams of concentrated cannabis] between persons twenty-one years of age or older without compensation.³

A person KNOWINGLY sells (specify weight and substance) when that person is aware that he or she is selling (specify weight and substance).⁴

A person UNLAWFULLY sells (specify) when that person has no legal right to sell it. Under our law, with exceptions that are not applicable here, a person has no legal right to sell (Cannabis / Concentrated Cannabis). ⁵

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following two three elements:

1. That on or about (date), in the County of (County), the

defendant, (defendant's name), sold (specify substance: (Cannabis / Concentrated Cannabis) & weight);

2. That the defendant did so knowingly and unlawfully.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty.