WPIC 55.01 Possession of Legend Drug—Definition

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 legend drug without an allegation of intent to sell or deliver. Use WPIC 50.03 (Possession—Definition), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 55.05 (Legend Drug—Definition) with this instruction.

Use bracketed material as applicable.

The blank line may be used to refer to one of the other medical practitioners listed in RCW 69.41.030, some of whom are covered by the statute only if they are specially authorized by the applicable professional board or commission. See further discussion in the Comment to WPIC 55.06 (Possession, Sale, or Delivery of a Legend Drug Upon Order or Prescription).

If it is asserted that the legend drug was possessed upon the order or prescription of a practitioner listed in RCW 69.41.030, then use WPIC 55.06 (Possession, Sale, or Delivery of a Legend Drug Upon Order or Prescription) with this instruction. If possession is alleged to be authorized on other grounds, then instructions specifically addressing those issues will need to be drafted. See the Note on Use to WPIC 55.06 (Possession, Sale, or Delivery of a Legend Drug Upon Order or Prescription).

This instruction has been modified to comport with the Laws of 2021, Chapter 311, § 11. RCW 69.41.030; Laws of 2021, Chapter 311, § 11 (effective May 13, 2021).

See Comment to WPIC 55.02 (Possession of Legend Drug—Elements).