New Mexico Forms Library

14-3107.  Drug paraphernalia; possession; essential elements.

For you to find the defendant guilty of possession of drug paraphernalia, [as charged in Count __________]¹, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.         The defendant had __________________² in his or her possession³;

2.         The defendant intended to use the ____________________² to [plant, propagate, cultivate, grow, harvest][,] [manufacture, compound, convert, produce, process, prepare, test, analyze][,] [pack, repack, store, contain, conceal][,] [or] [inject, ingest, inhale or otherwise introduce into the human body]⁴ a controlled substance;

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

USE NOTES

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

2.         Identify the items of alleged drug paraphernalia.

3.         UJI 14-130 NMRA, the definition of possession, should be given if possession is in issue.

4.         Choose applicable alternative or alternatives.

[Adopted by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]