OUJI-CR 6-3A

DRUG OFFENSES: POSSESSION OF

PRECURSOR SUBSTANCE WITH INTENT TO MANUFACTURE

No person may be convicted of possessing precursor substance with the intent to manufacture a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly/intentionally;

Second, possessing;

Third, the following precursor substance/substances: [ Names of Precursor Substances listed in 63 O.S 2001, § 2-322 or 2-401(G)].

Fourth, with the intent to use the precursor substance/substances to manufacture;

Fifth, the controlled dangerous substance of [Name of Substance].

[You may, but are not required to, regard proof that the defendant knowingly/intentionally possessed (anhydrous ammonia in an unauthorized container) as sufficient evidence that the defendant intended to use the anhydrous ammonia to manufacture [Name of Controlled Dangerous Substance]. The defendant's intent to use the anhydrous ammonia to manufacture [Name of Controlled Dangerous Substance] must be proved beyond a reasonable doubt.]  

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Statutory Authority: 63 O.S Supp. 2004, § 2-401 (G).

Notes on Use

The bracketed sentences after the elements should be included with the instruction if evidence has been introduced that the defendant possessed anhydrous ammonia in an unauthorized container. 

(2005 Supp.)