8.1-14 Illegal Sale or Possession of Prescription Drugs -- § 21a-108 (2)
Revised to April 23, 2010
Note: This statute has other subsections that are limited to the regulatory scheme applicable to practitioners, such as medical doctors and pharmacists. If the defendant is being charged as a practitioner tailor the instruction accordingly. See also Obtaining Prescription Drugs by Fraud, Instruction 8.1-13.
The defendant is charged [in count __] with the illegal (sale / possession) of prescription drugs. The statute defining this offense reads in pertinent part as follows:
no person shall (sell / possess) any drug covered by said subsection, except as authorized by law.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Sold or possessed
The first element is that the defendant (sold / possessed) a drug, specifically <identify drug>. <Insert appropriate definition(s):>
"Sale" is any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.
"Possession" 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 <insert type of substance>. 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 <insert type of substance>. <See Knowledge, Instruction 2.3-3.>
Element 2 - Prescription drug
The second element is that the drug is required by state and federal law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only.2 "Prescription" means a written, oral or electronic order for any controlled substance or preparation from a licensed practitioner to a pharmacist for a patient.
Element 3 - Not
The third element is that such conduct of the defendant was not legally authorized. The term "legally authorized" means that the drugs were not dispensed pursuant to a lawful prescription or by a prescribing practitioner.
In summary, the state must prove beyond a reasonable doubt that 1) the defendant (sold / possessed) <identify drug>, 2) <identify drug> can only legally be obtained through a legitimate prescription, and 3) the defendant's (sale / possession) of the drug was not authorized by law.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
illegal (possession / sale) of a prescription drug, 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.
See General Statutes § 21a-106 (k) and § 20-571 (14).