Posted: April 28, 2017
Criminal Jury Instructions – Drug Offenses – Comment period expired June 12, 2017
The following proposed Model Utah Criminal Jury Instructions and forms addressing drug offenses have been published.
1201. Controlled Substance.
1202(a). General Definition of Possession of a Controlled Substance.
1202(b). Definition of Constructive Possession.
1203. Possession of a Controlled Substance.
1204. Possession with Intent to Distribute.
1205. Possession of an Altered or Forged Prescription or Written Order.
1206. Possession of Drug Paraphernalia.
1207. Definition of “Drug Paraphernalia.”
1208. Factors Relevant to Identifying Drug Paraphernalia.
1209. Innocent Possession.
1210. Distribution of a Controlled Substance.
1211. Mere Presence is Not Sufficient.
1212. Firearm Enhancement.
1213. Special Enhancements.
1214. Special Enhancements – Not a Defense.
1215. Relevant Definitions.
SVF 1212. Firearm Enhancement.
SVF 1214. Special Enhancements.
SVF 1202. Marijuana Possession.
Click here to review the controlled substance offenses jury instructions and the forms.
Please reference the instruction or form number(s) in your comments.
The phrase “factors relevant” is used a lot in these instructions (e.g. constructive possession). One of the purposes of re-writing the jury instructions is to make them easier to understand for the lay-juror. A better phrasing for the lay juror might be something like “in considering whether [a defendant had the ability and intent to exercise control over the controlled substance] you may consider the following: [list relevant factors]”