• 1994 - Possession of a Controlled Substance
  • K-22.35
    • Controlled Substances
    • Marijuana
    • Motor Vehicles
    • Possession
    • Public Crimes
    • Public Crimes
    • Schools

  • It is unlawful to willfully possess a controlled substance.

     

    ESSENTIAL ELEMENTS OF THE OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

     

    2) Willfully possessed a controlled substance, _______________. [

     

    3) Depending on the way the offense is charged, one or more of the following may also have to be proved beyond a reasonable doubt:

    a) The Defendant was in or on, or within one thousand feet of the real property comprising a public or private elementary or secondary school or a public vocational school.

    b) The Defendant possessed more than one-half ounce (14.175 grams) of marijuana.

    c) The Defendant possessed marijuana while operating a motor vehicle.]

     

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    • 19-03.1-23(6)
  • Notes: The degree of the offense may depend on the substance possessed, the amount of the substance, or other circumstances. See NDJI K - 22.40, Definitions - Controlled Substance Instructions.