WPIC 50.12 Manufacture—Definition

Use bracketed material as applicable. Use this instruction for controlled substances cases only.

RCW 69.50.101(x).

The statute includes other uncommon methods of manufacture not made a part of this instruction.

RCW 69.50.101(oo) defines production to include manufacture, planting, cultivation, growing, or harvesting of a controlled substance. Manufacturing a controlled substance under RCW 69.50.101(x) and RCW 69.50.101(oo) may include the cultivation of marijuana for personal use. State v. Adams, 46 Wn.App. 874, 733 P.2d 989 (1987).

In State v. Stearns, 59 Wn.App. 445, 799 P.2d 270 (1990), affirmed, 119 Wn.2d 247, 830 P.2d 355 (1992), the Court of Appeals approved an instruction defining “manufacture” that was modeled after this instruction. The court rejected the defendant's argument that there was instructional error because the instruction did not contain the language of the statute excepting “preparation” or “compounding” of a controlled substance by an individual for personal use from the definition of manufacturing. On appeal, the Supreme Court did not reach this issue and specifically did not adopt the Court of Appeals opinion. The court stated that “any holding as to the proper definition of ‘manufacture’ in the context of an allegedly personal use of controlled substances must await another case.” State v. Stearns, 119 Wn.2d at 251.