14-3102. Controlled substance; possession; essential elements.1
For you to find the defendant guilty of possession of __________________2 [as charged in Count __________]3, 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 possession4;
2. The defendant knew it was __________________2 [or believed it to be __________________2]5 [or believed it to be some drug or other substance the possession of which is regulated or prohibited by law];
3. This happened in New Mexico on or about the __________ day of ______________, __________.
USE NOTES
1. This instruction is appropriate for possession cases other than possession of marijuana.
2. Identify the substance.
3. Insert the count number if more than one count is charged.
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.