VA · jury_instructions
Va. Model Jury Instr. Crim. No. 22.523
Marijuana Plants for Personal Use—Home Cultivation—Multiple Violations
The defendant is charged with the crime of possession of more than four (4) but not more than
ten (10) marijuana plants cultivated at his place of residence for defendant’s personal use third [or
subsequent] offense. The Commonwealth must prove beyond a reasonable doubt each of the
following elements of that crime:
(1) That the defendant possessed more than 4 but not more than 10 marijuana plants cultivated at
his place of residence for defendant’s personal use; and
(2) That the defendant has committed two [or more] prior offenses for this crime.
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the above elements of the crime as charged, then you shall find the defendant guilty.
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
the first element but has failed to prove the second element of the crime as charged, then you shall
find the defendant guilty of possession of more than four (4) but not more than ten (10) marijuana
plants cultivated at his place of residence for defendant’s personal use [first or second] offense.
If you find that the Commonwealth has failed to prove beyond a reasonable doubt the first
element of the crime, then you shall find the defendant not guilty.
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
2eace0424343019ab5bae9fc2cf4bf12eb5eaeb5d232f4d9a5633fc96cdd4a0b
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