SEQ CHAPTER \h \r 1CR40-701 05/05/06

UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSING, OR SALE, OF A NONCONTROLLED DRUG OR SUBSTANCE, 18 V.S.A. § 4228(a)(1)

The State has charged (Def)_______________ with knowingly [dispensing] [distributing] [manufacturing] [packaging] [processing] [selling] a noncontrolled [drug] [substance] upon an [express] [implied] representation that it was a controlled drug, as follows:

[Read the charge.]

(Def)_______________ denies 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) [dispensed] [distributed] [manufactured] [packaged] [processed] [sold] a noncontrolled [drug] [substance], specifically (substance)_______________;

(3) [he] [she] did so upon an [express] [implied] representation that it was a controlled drug; and

(4) [he] [she] did so knowingly.

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

The second essential element is that (Def)_______________ [dispensed] [distributed] [manufactured] [packaged] [processed] [sold] a noncontrolled [drug] [substance].  [To dispense something means to deliver it, distribute it, leave it with someone, or give it away.]  [To sell something means to transfer it in exchange for something of value.]

A “controlled” [drug] [substance] is one that is listed as a controlled [drug] [substance] in the federal Controlled Substances Act.  A “noncontrolled” [drug] [substance] is one that is not listed as a controlled [drug] [substance] in the federal Act.

Here the State alleges that (Def)_______________ [dispensed] [distributed] [manufactured] [packaged] [processed] [sold] (substance)_______________, which is not a controlled [drug] [substance] under the federal Act.

The third essential element is that (Def)_______________ [dispensed] [distributed] [manufactured] [packaged] [processed] [sold] the (substance)_______________ upon an [express] [implied] representation that it was a controlled drug.  The State must have proven that (Def)_______________ said or did something that would reasonably indicate to another person that the [substance] [drug] was actually a controlled drug.  (Def)_______________’s belief does not matter.  The State need not have proven whether (Def)_______________ believed that the [substance] [drug] was or was not a controlled drug.

The last essential element is that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident.  In determining whether (Def)_______________ acted knowingly, you should consider all of the surrounding facts and circumstances established by the evidence.

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.