WPIC 50.04 Possession of Marijuana—21 Years or Older—Definition

Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See Comment to WPIC 4.24 (Definition of the Crime—Form).

Use this instruction when the charge is possession of marijuana without an allegation of intent to manufacture of deliver. Use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 50.03 (Possession—Definition) with this instruction.

Use bracketed material as applicable.

Use this instruction with WPIC 50.51 (Marijuana—Definition), WPIC 50.52 (Marijuana- Infused Product—Definition), and WPIC 50.53 (Marijuana Concentrate—Definition) as applicable.

Do not use for an offense which is alleged to have been committed prior to May 13, 2021.

This instruction has been modified to add the element of knowledge. RCW 69.50.4013; 69.50.360(3); Laws of 2021, Chapter 311, § 9 (effective May 13, 2021).

Offenses occurring prior to May 13, 2021, when the Washington Legislature amended the statute to include a knowledge element, cannot be charged because the statute is unconstitutional. State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021); Laws of 2021, Chapter 311, § 9 (effective May 13, 2021).

The instructions included in WPIC 50.04 et seq. only address marijuana possession involving individuals under 21 years old. Laws restricting marijuana use, possession, distribution, and manufacturing have been amended regularly since 2007.

Under Initiative 502, effective December 6, 2012, no person under the age of 21 may possess marijuana. At age 21 or older, a person may lawfully possess marijuana under circumstances enumerated in RCW Chapter 69.50.