Form 197: Possession of Controlled Dangerous Substance with Intent to Distribute

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 197: Possession of Controlled Dangerous Substance with Intent to Distribute

POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE WITH INTENT TO DISTRIBUTE (NJSA 2C:35-5)

https://www.njlaws.com/possession_with_intent_to_distribute.htm

If someone is Indicted for Possession of Drugs with Intent to Distribute, the Judge will read portions of the following to the Jury. They are called request to charge.

Count of the indictment charges the defendant as follows:

(Judge Reads Indictment)

The pertinent part of the statute (N.J.S.A. 2C:35-5)¹ on which this indictment is based reads as follows:

Except as authorized by (statute), it shall be unlawful for any person knowingly or purposely ... to possess or have under his control with intent to ... distribute a controlled dangerous substance (or controlled substance analog).²

The various kinds of substances are defined in another part of our statute. (Insert appropriate CDS, e.g., heroin, cocaine, etc.) is a dangerous substance prohibited by statute. (The defendant does not claim legal authorization, so the exceptions in the statute are not applicable in this case.)

The statute, read together with the indictment, identifies the elements which the State must prove beyond a reasonable doubt to establish guilt of the defendant on this (count of the) indictment. They are as follows:

1. The substance in evidence is (insert appropriate CDS or controlled substance analog).
2. The defendant possessed, or had under (his/her) control, S in evidence.
3. The defendant, when (he/she) possessed or had under (his/her) control S in evidence, had the intent to distribute S in evidence.
4. That the defendant acted knowingly or purposefully in possessing or having under(his/her) control with intent to distribute S in evidence.

[when it is alleged that a controlled substance analog was possessed with intent to distribute the following definition of controlled substance analog should be charged]:

In regard to the first element, a "controlled substance analog" is a substance which (1) has a chemical structure substantially similar to that of a controlled dangerous substance and (2) was specifically designed to produce an effect substantially similar to that of a controlled substance.³ In this case the indictment alleges that the defendant distributed which is an analog of the controlled dangerous substance . Thus, to establish this element the State must prove beyond a reasonable doubt that has a substantially similar chemical structure to...