WPIC 50.04.01 Possession of Marijuana—21 Years or Older—Elements
11 WAPRAC WPIC 50.04.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.04.01 (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 50.04.01 Possession of Marijuana—21 Years or Older—Elements
To convict the defendant of the crime of possession of marijuana, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant knowingly possessed more than
[one (1) ounce of usable marijuana] [or]
[sixteen (16) ounces of a marijuana-infused solid product] [or]
[seventy-two (72) ounces of marijuana-infused liquid] [or]
[seven (7) grams of marijuana concentrate]; and
(2) That this act occurred in the State of Washington.
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 of 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.
Use this instruction for misdemeanor offenses when the defendant is 21 years of age or older, marijuana is an element of the charged crime, and the crime does not involve the delivery, manufacture, or sale of marijuana.
Use WPIC 10.02 (Knowledge—Knowingly—Definition) and WPIC 50.03 (Possession—Definition) with this instruction.
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.
If medical authorization for possession of marijuana is asserted as a defense, use, as applicable, WPIC 52.10 (Medical Marijuana—Qualifying Patient—Defense) or WPIC 52.11 (Medical Marijuana—Designated Provider—Defense).
Do not use for an offense which is alleged to have been committed prior to May 13, 2021.
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 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).
See Comment to WPIC 50.02 (Possession of Controlled Substance—Elements).
Initiative 502, effective December 6, 2012, made it lawful for those 21 years of age or older to possess marijuana under certain circumstances. The initiative did not make it lawful for those under 21 years old to possess marijuana or marijuana products. Possessing more than the statutory amounts of marijuana or of the marijuana product is also unlawful.
[Current as of November 2021.]
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