• 2003 - Unlawful Possession of Drug Paraphernalia (Class C Felony)
  • K-22.01
    • Controlled Substances
    • Manufacturers And Manufacturing
    • Public Crimes
    • Public Crimes

  • A person who uses, or possesses with intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, inject, ingest, inhale, or analyze a controlled substance other than marijuana, 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 [manufacturing] [compounding] [converting[ [producing] [processing] [preparing] [testing] [injecting] [ingesting] [inhaling] [analyzing] _________________,a controlled substance other than marijuana.

     

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

     

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    • 19-03.4-03
    • 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).