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Criminal Jury Instructions

Criminal Jury Instructions Home

8.1-10  Drug Paraphernalia: Delivering -- 21a-267 (b)

Revised to May 10, 2012

The defendant is charged [in count __] with (delivering / possessing with intent to deliver / manufacturing with intent to deliver) drug paraphernalia.  The statute defining this offense reads in pertinent part as follows: 

no person shall (deliver / possess with intent to deliver / manufacture with intent to deliver) drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to <insert one or more of the following:>

  • (plant / propagate / cultivate / grow / harvest / manufacture / compound / convert / produce / process / prepare / test / analyze / pack / repack / store / contain / conceal) any controlled substance, other than less than one-half ounce of a cannabis-type substance.

  • (inject / ingest / inhale / introduce) into the human body any controlled substance, other than less than one-half ounce of a cannabis-type substance.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Delivered/Possessed/Manufactured objects
The first element is that the defendant (delivered / possessed with the intent to deliver / manufactured with the intent to deliver) the object[s] alleged to be drug paraphernalia.

"Deliver" means the actual, constructive or attempted transfer from one person to another of drug paraphernalia, whether or not there is an agency relationship.

[<If possession is alleged:>  "Possession"1 means either actual possession or constructive possession.  Actual possession means actual physical possession, such as having the object on one's person.  Constructive possession means having the object in a place under one's dominion and control.

Possession also requires that the defendant knew that (he/she) was in possession of the drug paraphernalia.  That is, that (he/she) was aware that (he/she) was in possession of it and was aware of its nature.  The state must prove beyond a reasonable doubt that the defendant knew that (he/she) was in possession of the drug paraphernalia.  <See Knowledge, Instruction 2.3-3.>

<If some form of constructive possession is alleged, see Possession, Instruction 2.11-1.>]

[<If manufacturing is alleged:>  "Manufacturing" has its ordinary meaning.]

[<If intent to deliver is alleged:>  Conviction for (possession / manufacturing) of drug paraphernalia with the intent to deliver requires proof of the specific intent to deliver the drug paraphernalia.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>

You should consider all of the surrounding circumstances in determining whether the defendant had the intent to deliver.]   

Element 2 - Drug paraphernalia
The second element is that the object(s) (was/were) drug paraphernalia.

<Insert appropriate portions of the definition of Drug Paraphernalia from the glossary that apply to the allegations.>

Element 3 - Knowledge of subsequent use
The third element is that the defendant (delivered / possessed with intent to deliver / manufactured with intent to deliver) the object(s) knowing, or under circumstances where one reasonably should know, that (it/they) would be used to <insert allegations regarding use> a controlled substance.  The state alleges that the drug paraphernalia was for <insert specific allegations regarding use>.

A person acts "knowingly" with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.  <See Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) (delivered / possessed with the intent to deliver / manufactured with the intent to deliver) object(s) alleged to be drug paraphernalia, 2) the objects were, in fact, drug paraphernalia, and 3) (he/she) knew or had reason to know that such paraphernalia would be used to <insert specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the (delivery / possession with the intent to deliver / manufacture with the intent to deliver) drug paraphernalia, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 Ascertain from counsel what form of possession is alleged.  The definition should be narrowly tailored to the allegations.

Commentary

Effective July 1, 2011, the possession of less than one-half ounce of a cannabis-type substance is an infraction.

Sentence Enhancer
Section 21a-267 (c) provides an enhanced penalty if the violation occurs in, on or within 1500 feet of a school and the defendant is not a student at the school. The jury must find this fact proved beyond a reasonable doubt. See Sentence Enhancers, Instruction 2.11-4.
 


 

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