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WPIC 55.04 Sale or Delivery of Legend Drug—Elements

11 WAPRAC WPIC 55.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 55.04 (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 55. Legend Drugs

WPIC 55.04 Sale or Delivery of Legend Drug—Elements

To convict the defendant of the crime of [sale] [or] [delivery] [or] [possession with intent to [sell] [or] [deliver]] a legend drug, each of the following elements of the crime must be proved beyond a reasonable doubt:

(1) That on or about (date), the defendant unlawfully [sold] [or] [delivered] [or] [possessed with intent to [sell] [or] [deliver]] a legend drug; and

(2) That this act occurred in the State of Washington.

If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.

On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.

NOTE ON USE

Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases relating to how the crime is committed, see WPIC 4.20 (Introduction).

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).

Use WPIC 55.06 (Possession, Sale, or Delivery of a Legend Drug Upon Order or Prescription) with this instruction 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. 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).

For a discussion of the phrase “this act” in element (2), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).

COMMENT

RCW 69.41.030.

Sale, delivery, or possession with intent to sell or deliver a legend drug is a felony.

For a discussion of the lawfulness of legend drug possession, see the Note on Use to WPIC 55.06 (Possession, Sale, or Delivery of a Legend Drug upon Order or Prescription).

The statute is expressly not applicable to designated persons handling the drugs in the usual course of business. If that is an issue in the case, a specific instruction will have to be drafted.

RCW Chapter 69.41 does not contain a definition of sale. The definition of sale in WPIC 50.15 (Sale of Controlled Substance—Definition) does not apply; RCW 69.50.410 defines sale for that section only.

[Current as of November 2019.]

End of Document