OUJI-CR 6-7

DRUG OFFENSES: DRUG PARAPHERNALIA - ELEMENTS

No person may be convicted of use/possession/delivery/manufacture of drug paraphernalia unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly/intentionally;

Second, using/possessing drug paraphernalia;

Third, to plant/propagate/cultivate/grow/harvest/manufacture/compound/ convert/produce/process/prepare/test/analyze/pack/repack/store/ contain/conceal/ingest/inhale/(introduce into the human body);

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

OR

First, delivering/possessing/manufacturing drug paraphernalia;

Second, knowing that it was to be used;

Third, to plant/propagate/cultivate/grow/harvest/manufacture/compound/ convert/produce/process/prepare/test/analyze/pack/repack/store/ contain/conceal/ingest/inhale/(introduce into the human body);

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

OR

First, delivering drug paraphernalia;

Second, to a person under 18 years of age;

Third, who was at least 3 years younger than the defendant;

Fourth, knowing that it was to be used;

Fifth, to plant/propagate/cultivate/grow/harvest/manufacture/compound/ convert/produce/process/prepare/test/analyze/pack/repack/store/ contain/conceal/ingest/inhale/(introduce into the human body);

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

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Statutory Authority: 63 O.S Supp. 2000, § 2-405.

Notes on Use

For the definition of drug paraphernalia, see OUJI-CR 6-16, infra.

(2000 Supp.)