8.1-8 Possession of Drug Paraphernalia in a Drug Factory Situation -- § 21a-277 (c)
Revised to December 1, 2007 (modified June 13, 2008)
The defendant is charged [in count __] with possessing drug paraphernalia in a drug factory situation. The statute defining this offense reads in pertinent part, as follows:
no person shall knowingly possess drug paraphernalia in a drug factory situation for the unlawful mixing, compounding or otherwise preparing any controlled substance.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Knowingly possessed
The first element is that the defendant knowingly possessed drug paraphernalia. "Possession"1 means either actual possession or constructive possession. Actual possession means actual physical possession, such as having the object on one's person. Constructive possession means having the object in a place under one's dominion and control.
Possession also requires that the defendant knew that (he/she) was in possession of the drug paraphernalia. That is, that (he/she) was aware that (he/she) was in possession of it and was aware of its nature. The state must prove beyond a reasonable doubt that the defendant knew that (he/she) was in possession of the drug paraphernalia. <See Knowledge, Instruction 2.3-3.>
<If some form of constructive possession is alleged, see Possession, Instruction 2.11-1.>
<Insert appropriate portions of the definition of Drug Paraphernalia in the glossary that apply to the allegations.>
Element 2 - Drug factory
The second element is that the defendant possessed the drug paraphernalia in a drug factory situation. "Drug Factory" means any place used for the manufacturing, mixing, compounding, refining, processing, packaging, distributing, storing, keeping, holding, administering or assembling illegal substances contrary to the provisions of this chapter, or any building, room or location which contains equipment or paraphernalia used for this purpose.
Element 3 - For preparation of
The third element is that the defendant possessed drug paraphernalia for the knowingly unlawful mixing, compounding or otherwise preparing of any controlled substance. The state must prove that the defendant's purpose in possessing the drug paraphernalia was to prepare a controlled substance. The state alleges that the drug paraphernalia was for <insert specific allegations>.
In summary, the state must prove beyond a reasonable doubt that 1) the defendant knowingly possessed drug paraphernalia, 2) it was in a drug factory situation, and 3) it was for the purpose of preparing a controlled substance.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
possession of drug paraphernalia in a drug factory situation, then you shall
find the defendant guilty. On the other hand, if you unanimously find that the
state has failed to prove beyond a reasonable doubt any of the elements, you
shall then find the defendant not guilty.
1 Ascertain from counsel what form of possession is alleged. The definition should be narrowly tailored to the allegations.
General Statutes § 21a-277 (a) and (b) provide for an enhanced sentence if the defendant has previously been convicted of one or more violations of § 21a-277. Pursuant to Practice Book § 36-14, the prior conviction must be charged in a Part B information so that the jury is unaware of the prior conviction during the trial on the current charge. If a guilty verdict is returned, the jury must then be instructed on the second part of the information. See Subsequent Offenders, Instruction 2.12-2.