SEQ CHAPTER \h \r 1CR40-046 05/05/06

CULTIVATION OF MARIJUANA (MORE THAN 25 PLANTS), 18 V.S.A. § 4230(a)(4)

The State has charged (Def)_______________ with cultivation of more than twenty-five plants 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) cultivated more than twenty-five marijuana plants; 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)_______________ cultivated more than twenty-five marijuana plants.  To cultivate means to grow, raise, tend or produce crops.  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 State must have proven that (Def)_______________ cultivated more than twenty-five marijuana plants.

The last essential element is that (Def)_______________ cultivated the marijuana knowingly and unlawfully.  The word knowingly means that (Def)_______________ cultivated the marijuana 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)_______________ cultivated 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.