WPIC 55.03 Sale or Delivery 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 bracketed material as applicable. With this instruction use WPIC 55.05 (Legend Drug—Definition). Also use as applicable WPIC 10.01 (Intent—Intentionally—Definition), WPIC 50.03 (Possession—Definition), and WPIC 50.07 (Deliver—Definition).

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 sold or delivered 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 sale or delivery 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).

RCW 69.41.030.

See Comment to WPIC 55.04 (Sale or Delivery of Legend Drug—Elements).