Criminal Jury Instructions Home

8.1-9  Use of or Possession with Intent to Use Drug Paraphernalia -- § 21a-267 (a)

Revised to December 1, 2007

The defendant is charged [in count __] with (using / possessing with intent to use) drug paraphernalia.  The statute defining this offense reads in pertinent part as follows: 

no person shall (use / possess with intent to use) drug paraphernalia to <insert one or more of the following:>

• (plant / propagate / cultivate / grow / harvest / manufacture / compound / convert / produce / process / prepare / test / analyze / pack / repack / store / contain / conceal) any controlled substance.

• (ingest / inhale / introduce) into the human body any controlled substance.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable doubt that the defendant (used / possessed with intent to use) drug paraphernalia.  <Insert appropriate portions of the definition of Drug Paraphernalia in the glossary that apply to the allegations.>

The drug paraphernalia must have been used to <insert as appropriate:>

• plant / propagate / cultivate / grow / harvest / manufacture / compound / convert / produce / process / prepare / test / analyze / pack / repack / store / contain / conceal) any controlled substance.

• (ingest / inhale / introduce) into the human body any controlled substance.

[<If possession with the intent to use is alleged:>  "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.>

The defendant must have specifically intended that the <identify specific drug paraphernalia> was to be used for <insert specific allegations regarding use>.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>]

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant (used / possessed with the intent to use) drug paraphernalia to <insert specific allegations regarding use>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the (use of / possession of with the intent to use) drug paraphernalia, 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.
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¹ Ascertain from counsel what form of possession is alleged.  The definition should be narrowly tailored to the allegations.