It is unlawful to willfully possess a controlled substance.
ESSENTIAL ELEMENTS OF THE 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) Willfully possessed a controlled substance, _______________. [
3) Depending on the way the offense is charged, one or more of the following may also have to be proved beyond a reasonable doubt:
a) The Defendant was in or on, or within one thousand feet of the real property comprising a public or private elementary or secondary school or a public vocational school.
b) The Defendant possessed more than one-half ounce (14.175 grams) of marijuana.
c) The Defendant possessed marijuana while operating a motor vehicle.]