WI · jury_instructions
Wis JI-Criminal 6030
Possession of a Controlled Substance - 961.41(3g)
Statutory Definition of the Crime
The Wisconsin Statutes make it a crime to possess a controlled substance.1
State’s Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by
evidence which satisfies you beyond a reasonable doubt that the following three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant possessed a substance.
“Possessed” means that the defendant knowingly2 had actual physical control
of a substance.3
ADD THE FOLLOWING PARAGRAPHS THAT ARE
SUPPORTED BY THE EVIDENCE:
[A substance is (also) in a person’s possession if it is in an area over which the
person has control and the person intends to exercise control over the substance.]
[It is not required that a person own a substance in order to possess it. What is
required is that the person exercise control over the substance.]
[Possession may be shared with another person. If a person exercises control
over a substance, the substance is in that person’s possession, even though another
person may also have similar control.]
[It is not necessary that the quantity of the substance be substantial. Any
amount is sufficient.]4
2. The substance was (name controlled substance)5. (Name controlled substance) is
a controlled substance whose possession is prohibited by law.
[IF THERE IS EVIDENCE THE SUBSTANCE WAS
TETRAHYDROCANNABINOL, SUBSTITUTE THE
FOLLOWING FOR ELEMENT 2:
2. The substance was tetrahydrocannabinol.6 Tetrahydrocannabinol with a Delta-9
THC concentration above 0.3 percent is a controlled substance whose possession
is prohibited by law.]7
3. The defendant knew or believed that the substance was [(name controlled
substance)] [a controlled substance. A controlled substance is a substance the
possession of which is prohibited by law.]8
IF THERE IS EVIDENCE THAT THE DEFENDANT KNEW THE
SUBSTANCE BY A STREET NAME, ADD THE FOLLOWING
PARAGRAPH:
[This element does not require that the defendant knew the precise chemical
or scientific name of the substance. If you are satisfied beyond a reasonable doubt
that (street name) is a street name for (name controlled substance) and that the
defendant knew or believed the substance was (street name), you may find that the
defendant knew or believed the substance was a controlled substance.]
Deciding About Knowledge or Belief
You cannot look into a person’s mind to determine knowledge or belief. Knowledge or
belief must be found, if found at all, from the defendant’s acts, words, and statements, if
any, and from all the facts and circumstances in this case bearing upon knowledge or belief.
Jury’s Decision
If you are satisfied beyond a reasonable doubt that all three elements of this offense
have been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 6030 (9/2024). Release No. 65. Wisconsin Court System, 9/2024. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ffdb95c8d08438f619cb85f9569e2f31f0979bbc9b4b459d00950348e6e431f2
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