Vermont Model Criminal Jury Instructions CR40-431

The State has charged (Def)_______________ with possession of a [depressant] [stimulant] [narcotic] drug, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) possessed a [depressant] [stimulant] [narcotic] drug, specifically (drug)_______________;

(3) (Def)_______________ possessed the (drug)_______________ knowingly and unlawfully; and

(4) the amount possessed by (Def)_______________ was at least 1,000 times a recommended individual therapeutic dosage or its equivalent, as determined by the board of health by rule.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ possessed a [depressant] [stimulant] [narcotic] drug. A person possesses a [depressant] [stimulant] [narcotic] drug if he or she knowingly has direct physical control over it. In addition, a person possesses a [depressant] [stimulant] [narcotic] drug if he or she knowingly has the power and intent to exercise dominion or control over it, either directly or through another person. It does not matter whether the person possesses the [depressant] [stimulant] [narcotic] drug by himself or herself, or jointly with someone else.

Here the State alleges that (Def)_______________ possessed (drug)_______________, [which] [and that (drug)_______________] is a [depressant] [stimulant] [narcotic] drug according to law].

[If necessary, add the appropriate definition of “depressant or stimulant drug” or “narcotic drug” from 18 V.S.A. § 4201.]

The third essential element is that (Def)_______________ possessed the (drug)_______________ knowingly and unlawfully. The word knowingly means that (Def)_______________ possessed the (drug)_______________ voluntarily and consciously, and not inadvertently, because of mistake, or by accident. The word unlawfully means that (Def)_______________ deliberately did something which the law forbids. In determining whether (Def)_______________ possessed (drug)_______________ knowingly and unlawfully, you should consider all of the surrounding facts and circumstances.

The last essential element is that (Def)_______________ possessed the (drug)_______________ in an amount that was at least 1,000 times a recommended individual therapeutic dosage or its equivalent, as determined by the board of health by rule. The State must have proven the amount of an individual therapeutic dosage recommended by rules adopted by the Vermont board of health, and that the amount possessed by (Def)_______________ was at least 1,000 times the recommended dosage.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.