A person who knowingly delivers, possesses with intent to deliver, or manufactures with intent to deliver, drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used 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, in violation of NDCC Chapter 19-03.1, is guilty of Unlawful Manufacture or Delivery of Drug Paraphernalia.
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, _______________, knowingly [delivered] [possessed with intent to deliver] certain drug paraphernalia, namely ________________; and
2) The Defendant did so knowing, or under the circumstances where one reasonably should know, that the _______________ was to be used to [plant] [propagate] [cultivate] [grow] [analyze] [package] [repackage] [store] [contain] [conceal] [inject] [ingest] [inhale] [otherwise introduce into the human body] a controlled substance.
DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 19-03.1-01, 19-03.4-01.]