11th Cir. Pattern Jury Instr. (Criminal) O98.1

Possession with Intent to Distribute

21 U.S.C. § 841(a)(1)

It’s a Federal crime for anyone to possess a controlled substance with intent

to distribute it.

[Substance] is a “controlled substance.”

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly possessed a controlled substance; and

(2) the Defendant intended to distribute the controlled substance.

The Defendant “knowingly” possessed a controlled substance if (1) the

Defendant knew [he /she] possessed a substance listed on the federal schedules of

controlled substances, even if the Defendant did not know the identity of the

substance, or (2) the Defendant knew the identity of the substance [he /she]

possessed, even if the Defendant did not know the substance was listed on the

federal schedules of controlled substances.

To “intend to distribute” is to plan to deliver possession of a controlled

substance to someone else, even if nothing of value is exchanged.

[The Defendant[s] [is /are] charged with possessing with intent to distribute

at least [threshold (s)] of [substance (s)]. But you may find [the /any] Defendant

guilty of the crime even if the amount of the controlled substance[s] for which

[he/she] should be held responsible is less than [threshold (s)]. So if you find

[the/any] Defendant guilty, you must also find whether the Government has proved

beyond a reasonable doubt the weight of [substance(s)] the Defendant possessed

and specify the amount[s] on the verdict form.]