WPIC 50.04.03 Possession of Marijuana—Under 21 Years Old—Elements
11 WAPRAC WPIC 50.04.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.04.03 (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 50.04.03 Possession of Marijuana—Under 21 Years Old—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 marijuana;
(2) That the defendant was under 21 years old; and
(3) 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 this instruction only if the defendant is under 21 years old, 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.
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 (3), see WPIC 4.20 (Introduction) and 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 or older to possess marijuana under certain circumstances. The initiative did not legalize possession of marijuana for those under 21 years old. Knowing possession of marijuana by a minor is a misdemeanor.
[Current as of September 2021.]
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