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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Criminal) 12.18

Controlled Substance—Maintaining Drug-Involved Premises (21 U.S.C. § 856(a)(1))

activein force · 2026-08-20 – presentas-observed

The defendant is charged in [Count ______ of] the indictment with knowingly and intentionally [opening] [leasing] [renting] [using] [maintaining] any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using a controlled substance in violation of Section 856(a)(1) of Title 21 of the United States Code. For the defendant to be found guilty of that charge, the government must prove beyond a reasonable doubt that the defendant knowingly [opened] [maintained] a place for the purpose of [manufacturing] [distributing] [using] a controlled substance.

[“For the purpose of manufacturing, distributing, or using a controlled substance” means that manufacturing, distributing, or using a controlled substance is one of the primary or principal uses to which the residence is put.]

“Maintaining” a place includes facts showing that over a period of time, the defendant directed the activities of and the people in the place.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
83ec89f75ce770aff71b2f1c264a1bf4de156a019c199b50493fd12038b6fc2f
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9th Cir. Model Jury Instr. (Criminal) 12.18 · binding.law