US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 12.1
Controlled Substance—Possession with Intent to Distribute (21 U.S.C. § 841(a)(1))
The defendant is charged in [Count _______ of] the indictment with possession of [specify controlled substance] with intent to distribute in violation of Section 841(a)(1) of Title 21 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
First, the defendant knowingly possessed any controlled substance; and
Second, the defendant possessed it with the intent to distribute it to another person.
[The government is not required to prove the amount or quantity of [specify controlled substance]. It need only prove beyond a reasonable doubt that there was a measurable or detectable amount of [specify controlled substance].]
It does not matter whether the defendant knew that the substance was [specify controlled substance]. It is sufficient that the defendant knew that it was some kind of a federally controlled substance.
To “possess with intent to distribute” means to possess with intent to deliver or transfer possession of [specify controlled substance] to another person, with or without any financial interest in the transaction.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
e768c224fc7c7c24f4cc9402a2d6b1beaf232469e52616226a29d16208ec5c16
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