CR40-011 05/05/06

POSSESSION OF MARIJUANA, 18 V.S.A. § 4230(a)(1)

The State has charged (Def)_______________ with possession of marijuana, 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 marijuana; and

(3) [he] [she] did so knowingly and unlawfully.

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

The second essential element is that (Def)_______________ possessed marijuana. A person possesses marijuana if he or she knowingly has direct physical control over it. In addition, a person possesses marijuana 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 marijuana by himself or herself, or jointly with someone else.

The term marijuana means any plant material of the genus cannabis or any preparation, compound or mixture thereof except sterilized seeds of the plant and fiber produced from the stalks.

The last essential element is that (Def)_______________ possessed the marijuana knowingly and unlawfully. The word knowingly means that (Def)_______________ possessed the marijuana voluntarily and consciously, and not inadvertently, or because of mistake, or by accident. The word unlawfully means that (Def)_______________ deliberately did something which the law forbids. Under Vermont law, a person may legally possess marijuana only if it was prescribed, sold or dispensed by a physician, dentist, pharmacist or veterinarian. In determining whether (Def)_______________ possessed marijuana knowingly and unlawfully, you should consider all of the surrounding facts and circumstances.

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.