SEQ CHAPTER \h \r 1CR40-051 05/05/06


SELLING MARIJUANA, 18 V.S.A. § 4230(b)(1)


The State has charged (Def)_______________ with selling 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) sold 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)_______________ sold marijuana.  To sell marijuana means to transfer it in exchange for something of value.  A sale may include trading, bartering or exchanging the marijuana for something else that has value.  It also may include an offer or an express or implied promise to trade, barter or exchange the marijuana for something of value.  It does not matter whether the transaction was done by someone acting on his or her own behalf, or whether it was done by someone acting as an agent or employee on behalf of 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)_______________ sold the marijuana knowingly and unlawfully.  The word knowingly means that (Def)_______________ sold 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.  Under Vermont law, a person may legally sell marijuana only if it is prescribed, sold or dispensed by a physician, dentist, pharmacist or veterinarian.  In determining whether (Def)_______________ sold 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.