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WPIC 50.01 Possession of Controlled Substance—Definition

11 WAPRAC WPIC 50.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.01 (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 50.01 Possession of Controlled Substance—Definition
It is a crime for any person to knowingly possess a controlled substance [except as authorized by law].
NOTE ON USE
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 the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use this instruction when the charge is possession of a controlled substance without an allegation of intent to manufacture or deliver. Use WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 50.03 (Possession—Definition), and WPIC 50.50 (Controlled Substance—Definition) with this instruction.
Use WPIC 50.04 (Possession of Marijuana—21 Years or Older—Definition) or WPIC 50.04.02 (Possession of Marijuana—Under 21 Years—Definition) when the charge is possession of marijuana.
Use the bracketed words “except as authorized by law” if, for example, it is asserted that the possession was unwitting or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice. If it is asserted that the substance was possessed pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, use WPIC 52.02 (Controlled Substance Obtained Directly From a Practitioner or Pursuant to a Valid Prescription) with this instruction.
Do not use for an offense which is alleged to have been committed prior to May 13, 2021.
COMMENT
This instruction was withdrawn in the last edition. It has been reinstated, and the element of knowledge has been added. RCW 69.50.4013. The element of knowledge was added in response to the Washington Supreme Court decision in State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021). Laws of 2021, Chapter 311, § 9 (effective May 13, 2021).
Unwitting possession, a previously available affirmative defense to unlawful possession, was foreclosed when the Washington Supreme Court found RCW 69.50.4013 to be unconstitutional and “void” for lack of a scienter requirement. Blake, 197 Wn.2d 170.
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. Laws of 2021, Chapter 311, § 9 (effective May 13, 2021).
See Comment to WPIC 50.02 (Possession of Controlled Substance—Elements).
[Current as of September 2021.]
End of Document