SEQ CHAPTER \h \r 1CR40-471 05/05/06

SELLING OR DISPENSING A DEPRESSANT, STIMULANT, OR NARCOTIC DRUG (1,000x dose), 18 V.S.A. § 4234(b)(3)

The State has charged (Def)_______________ with [selling] [dispensing] a [depressant] [stimulant] [narcotic] drug, 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] [dispensed] a [depressant] [stimulant] [narcotic] drug, specifically (drug)_______________;

(3) (Def)_______________ [sold] [dispensed] the (drug)_______________ knowingly and unlawfully; and

(4) the amount of (drug)_______________ [sold] [dispensed] by (Def)_______________ was at least 1,000 times a recommended individual therapeutic dosage or its equivalent, as determined by the board of health by rule.

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

The second essential element is that (Def)_______________ [sold] [dispensed] a [depressant] [stimulant] [narcotic] drug.

[To sell a [depressant] [stimulant] [narcotic] drug means to transfer it in exchange for something of value.  A sale may include trading, bartering or exchanging the [depressant] [stimulant] [narcotic] drug for something else that has value.  It also may include an offer or an express or implied promise to trade, barter or exchange the [depressant] [stimulant] [narcotic] drug 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.]

[To dispense means to distribute, leave with, give away, dispose of, or deliver.]

Here the State alleges that (Def)_______________ [sold] [dispensed] (drug)_______________, [which] [and that (drug)_______________] is a [depressant] [stimulant] [narcotic] drug according to law].

[If necessary, add the appropriate definition of “depressant or stimulant drug” or “narcotic drug” from 18 V.S.A. § 4201.]

The third essential element is that (Def)_______________ [sold] [dispensed] the (drug)_______________ knowingly and unlawfully.  The word knowingly means that (Def)_______________ [sold] [dispensed] the (drug)_______________ 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)_______________ [sold] [dispensed] the (drug)_______________ knowingly and unlawfully, you should consider all of the surrounding facts and circumstances.

The last essential element is that (Def)_______________ [sold] [dispensed] the (drug)_______________ in an amount that was at least 1,000 times a recommended individual therapeutic dosage or its equivalent, as determined by the board of health by rule.  The State must have proven the amount of an individual therapeutic dosage recommended by rules adopted by the Vermont board of health, and that the amount [sold] [dispensed] by (Def)_______________ was at least 1,000 times the recommended dosage.

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.