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WPIC 52.03 Delivery/Manufacture/Sale of a Controlled Substance Authorized by Law

11 WAPRAC WPIC 52.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 52.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part VIII. Drugs and Controlled Substances
WPIC CHAPTER 52. Special Defenses—Uniform Controlled Substances Act
WPIC 52.03 Delivery/Manufacture/Sale of a Controlled Substance Authorized by Law
A person is not guilty of the crime of [delivery] [or] [manufacture] [or] [sale] of a controlled substance if the substance was [delivered] [or] [manufactured] [or] [sold] in a manner authorized by law.
The defendant has the burden of proving by a preponderance of the evidence that the substance was [delivered] [or] [manufactured] [or] [sold] in a manner authorized by law. Preponderance of the evidence means that you must be persuaded, considering all the evidence in the case, that it is more probably true than not true.
NOTE ON USE
Use this instruction with WPIC 50.06 (Delivery of a Controlled Substance—Elements), WPIC 50.11 (Manufacture of a Controlled Substance—Elements), or WPIC 50.16 (Sale of a Controlled Substance—Elements) when applicable.
Use bracketed material as applicable.
COMMENT
RCW 69.50.401(1).
This instruction should only be given if requested by the defendant. State v. Lynch, 178 Wn.2d 487, 309 P.3d 482 (2013) (a defendant's constitutional right to control his or her defense prohibits the giving of instructions concerning defenses over the defendant's objections).
The statute states in part that it is unlawful to deliver, manufacture, or sell a controlled substance except as authorized by RCW Chapter 69.50. Several specific provisions within that chapter set forth what is and what is not authorized by law. If any of these provisions apply to a particular case, practitioners will need to draft appropriate instructions.
See the Comment to WPIC 52.02 (Controlled Substance Obtained from a Practitioner or Pursuant to a Valid Prescription) for a discussion of the defendant's burden of proof.
[Current as of November 2019.]
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