New Mexico Forms Library

14-3111. Controlled substance; trafficking by possession with intent to distribute; narcotic drug; essential elements.¹

            For you to find the defendant guilty of "trafficking a controlled substance by possession with intent to distribute" [as charged in Count __________]², the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

            1.         The defendant had __________________³ in his possession⁴;

            2.         The defendant knew it was __________________³ [or believed it to be __________________³]⁵ [or believed it to be some drug or other substance the possession of which is regulated or prohibited by law];

            3.         The defendant intended to transfer it to another;

            4.         This happened in New Mexico on or about the __________ day of ______________, __________.

USE NOTES

            1.         This instruction is applicable only to narcotic drugs in Schedules I or II of 30-31-6 and 30-31-7 NMSA 1978.

            2.         Insert the count number if more than one count is charged.

            3.         Identify the substance.

            4.         UJI 14-3130, the definition of possession in controlled substance cases, should be given if possession is in issue.

            5.         Use applicable alternative or alternatives if there is evidence that the defendant believed the substance to be some controlled substance other than that charged.