Home Table of Contents

WPIC 50.31 Use of Drug Paraphernalia—Elements

11 WAPRAC WPIC 50.31Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.31 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VIII. Drugs and Controlled Substances
WPIC CHAPTER 50. Uniform Controlled Substances Act
WPIC 50.31 Use of Drug Paraphernalia—Elements
To convict the defendant of the crime of use of drug paraphernalia, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant used drug paraphernalia to [plant] [propagate] [cultivate] [grow] [harvest] [manufacture] [compound] [convert] [produce] [process] [or] [prepare] [a controlled substance] [(name of controlled substance)]; and
(2) That this act occurred in [the State of Washington] [the County of ] [the City of ].
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use bracketed material as applicable. In element (2), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction). See Laws of 2021, Chapter 311, § 14 (effective May 13, 2021).
With this instruction, use WPIC 50.35 (Drug Paraphernalia—Definition). Use, as applicable, WPIC 50.50 (Controlled Substance—Definition).
For a discussion of the phrase “this act” in element (2), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
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).
Use versus possession. Possession of drug paraphernalia by itself is not a crime under state law; the crime requires an improper use. See RCW 69.50.412(1); State v. Neeley, 113 Wn.App. 100, 107, 52 P.3d 539 (2002); State v. Lowrimore, 67 Wn.App. 949, 959, 841 P.2d 779 (1992).
Mental state. The statute does not specify a particular mental state. Whether such a statute imposes strict liability depends upon an analysis of the factors set forth in State v. Bash, 130 Wn.2d 594, 605-06, 925 P.2d 978 (1996). See, e.g., State v. Anderson, 141 Wn.2d 357, 363, 5 P.3d 1247 (2000).
The sparse case law interpreting RCW 69.50.412 has not directly addressed whether it involves strict liability, although some opinions appear to assume, without directly deciding, that the statutory elements fully state the elements for this offense. See, e.g., State v. O'Meara, 143 Wn.App. 638, 642-43, 180 P.3d 196 (2008) (setting forth the statutory elements as the elements of the offense but not directly addressing whether a mental state would be judicially implied).
Lawful activity. The statute provides that it is lawful for persons over age 18 to possess sterile hypodermic syringes and needles for the purpose of reducing blood borne diseases. RCW 69.50.412(5). The drug paraphernalia statutes do not apply to paraphernalia used solely to ingest marijuana. RCW 69.50.412.
[Current as of September 2021.]
End of Document