WPIC 50.35 Drug Paraphernalia—Definition
11 WAPRAC WPIC 50.35Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.35 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VIII. Drugs and Controlled Substances
WPIC CHAPTER 50. Uniform Controlled Substances Act
WPIC 50.35 Drug Paraphernalia—Definition
“Drug paraphernalia” means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in [planting] [propagating] [cultivating] [growing] [harvesting] [manufacturing] [compounding] [converting] [producing] [processing] [or] [preparing] a controlled substance.
[“Drug paraphernalia” includes, but is not limited to:
[kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;]
[kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;]
[isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;]
[scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances when used for planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, or preparing controlled substances other than marijuana;]
[diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;] [and]
[blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances].]
NOTE ON USE
Use this instruction to define a term used in WPIC 50.30 (Use of Drug Paraphernalia—Definition) and 50.31 (Use of Drug Paraphernalia—Elements). Use bracketed material as applicable.
COMMENT
This instruction has been modified to comport with the Laws of 2021, Chapter 311, § 14. RCW 69.50.412(1); Laws of 2021, Chapter 311, § 14 (effective May 13, 2021).
RCW 69.50.102 (b) sets forth a non-exclusive list of factors that the court “or other authority” should consider in determining whether an object meets the definition of drug paraphernalia.
[Current as of September 2021.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |