No person may be convicted of possession of a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowing and intentional;

Second, possession;

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


Statutory Authority: 63 O.S. Supp. 2000, § 2-402(A).

Committee Comments

Section 2-402(A) defines the offense of simple possession, often a lesser included offense of the crimes delineated in section 2-401(A)(1). The element of knowing and intentional possession must be established by the State in accordance with the guidelines articulated by the Court of Criminal Appeals in Staples v. State, 1974 OK CR 208, 528 P.2d 1131, discussed in the Committee Comments accompanying the instruction on the offense of possession with intent to distribute, supra. Possession of any quantity of contraband is sufficient to invoke the statutory prohibitions, regardless of whether the quantity was usable or capable of producing hallucinogenic effects. Whitehorn v. State, 1977 OK CR 65, 561 P.2d 539; Cox v. State, 1976 OK CR 156, 551 P.2d 1125; Spriggs v. State, 1973 OK CR 275, 511 P.2d 1139; Doyle v. State, 1973 OK CR 282, 511 P.2d 1133.

(2000 Supp.)