• 2003 - Unlawful Possession of Drug Paraphernalia (Class A Misdemeanor)
  • K-22.00
    • Controlled Substances
    • Manufacturers And Manufacturing
    • Possession
    • Public Crimes
    • Public Crimes

  • A person who uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance, is guilty of Unlawful Possession of Drug Paraphernalia.

     

    The use of, or possession with intent to use, _______________, is prohibited unless used or possessed pursuant to an authorized prescription.

     

    In determining whether an object is drug paraphernalia, you should consider, in addition to all other relevant factors, the following: [Select relevant guidelines from NDCC 19-03.4-02.]

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

     

    2) [Used] [Possessed with intent to use] _______________, for the purpose of [planting] [propagating] [cultivating] [growing] [analyzing] [packaging] [repackaging] [storing] [containing] [concealing] [injecting] [ingesting] [inhaling] [otherwise introducing into the human body], _______________.

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 19-03.4-03, 19-03.1-01.]

     

    *****

    • 12.1-31.1-01
    • 19-03.1-01
    • 19-03.4-03
    • 19-03.1-01
    • State v. Michlitsch, 438 NW2d 175 (ND 1989)
  • Notes: This instruction when given should indicate what the object is and whether the object meets the definitions in NDCC 19-03.4-03. The Defendant may be entitled to present an affirmative defense. See State v. Michlitsch, 438 NW2d 175 (ND 1989).