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WPIC 50.19 Retail Marijuana Product Sales to a Person Under the Age of 21—to Convict—Elements

11 WAPRAC WPIC 50.19Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.19 (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 50.19 Retail Marijuana Product Sales to a Person Under the Age of 21—to Convict—Elements
To convict the defendant of retail marijuana sales to a person under the age of 21, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date) the defendant was an employee of a marijuana retail outlet;
(2) The defendant sold [marijuana] [marijuana infused product] [marijuana concentrate] to a person who was under the age of 21;
(3) The sale occurred in the course of the defendant's employment; and
(4) That the act occurred in the [State of Washington] [City of ] [County 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 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 WPIC 50.51 (Definition of Marijuana), WPIC 50.52 (Marijuana Infused Product—Definition), and WPIC 50.52 (Marijuana Concentrate—Definition) as applicable.
Use with WPIC 50.54 (Retail Outlet—Definition).
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
RCW 69.50.475. This crime was enacted in Laws of 2019, Chapter 379, § 1, effective July 28, 2019.
This instruction is new for this edition.
Generally, if a person sells marijuana products to a person under the age of 21, the applicable statutes are RCW 69.50.401(1) or RCW 69.50.406. Laws of 2019, Chapter 379, §§ 2–3 (effective July 28, 2019). This offense is an exception to the general rule. The prosecution is not required to prove knowledge of age, as an element of this offense. The applicable punishment for this offense is as a gross misdemeanor.
If the defense alleges an authorized distribution through medical marijuana authorization, this defense must be proven by the preponderance of the evidence, see the Comment to WPIC 52.02 (Controlled Substance Obtained Directly from a Practitioner or Pursuant to a Valid Prescription).
[Current as of November 2019.]
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