SEQ CHAPTER \h \r 1CR40-221 05/05/06

POSSESSION OF LSD (100 MG. OR MORE), 18 V.S.A. § 4232(a)(2)

The State has charged (Def)_______________ with possession of lysergic acid diethylamide, which is commonly referred to as LSD, 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 LSD in an amount consisting of 100 milligrams or more of one or more [preparations] [compounds] [mixtures] [substances] containing LSD; 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 LSD in an amount consisting of 100 milligrams or more of one or more [preparations] [compounds] [mixtures] [substances] containing LSD.  A person possesses LSD if he or she knowingly has direct physical control over it.  In addition, a person possesses LSD 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 LSD by himself or herself, or jointly with someone else.

The term LSD includes any salts or derivatives or compounds of any preparations or mixtures of LSD or any preparation, mixture or compound containing any LSD.

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