VA · jury_instructions
Va. Model Jury Instr. Crim. No. 22.350
Intent to Distribute—Factors to Be Considered in Determining
To possess with intent to distribute requires that the defendant have intent to distribute at the
time of possession. In determining whether there is possession with intent to distribute, you may
consider all facts and circumstances, including but not limited to: [the quantity possessed; the manner
of packaging; the presence or absence of an unusual amount of cash; the denomination of any cash
possessed; the presence of an “owe sheet”; the presence or absence of equipment related to drug
distribution; the presence or absence of drug paraphernalia suggestive of personal use; the presence or
absence of a firearm; the presence or absence of a pager or electronic communications device; the
conduct and statements of the defendant; the location at which the drugs were possessed; use of the drug
by persons other than the defendant at the time it was seized; and the possession of more than one type of
drug.]
[Where the defendant possesses a small quantity of drugs you may infer that the defendant intends to
possess the drugs for personal use. However possession of a small quantity of drugs, combined with
other facts and circumstances, may be sufficient to establish intent to distribute.]
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
f52d95845f5d85745eff86cb4ae56ee1a40fd491ea4089792628d97194c6911d
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