UJI 14-3106 NMRA
UJI 14-3106. Possession of a dangerous drug.
For you to find the defendant guilty of possession of a dangerous drug [as charged
in Count ___________]1, the state must prove to your satisfaction beyond a reasonable
doubt each of the following elements of the crime:
1. The defendant possessed2 a drug called _________3;
2. _____________3 [has been determined to be a dangerous drug by the New
Mexico Board of Pharmacy;]4
[OR]
[only may be used under the supervision of a practitioner licensed by law to
administer or prescribe the drug under federal law;]
[OR]
[Is dispensed bearing the legend [“Caution: federal law prohibits dispensing without
a prescription”]4 [or] [“Caution: federal law restricts this drug to use by or on the order of
a licensed veterinarian”] [or] [“RX only”];]
3. The defendant knew it was __________________3 [or believed it to be
__________________3];
[4. The defendant knew that ___________3 [has been determined to be a dangerous
drug by the New Mexico Board of Pharmacy;]4 [OR] [only may be used under the
supervision of a practitioner licensed by law to administer or prescribe the drug under
federal law;] [OR] [Is dispensed bearing the legend [“Caution: federal law prohibits
dispensing without a prescription”]4 [or] [“Caution: federal law restricts this drug to use
by or on the order of a licensed veterinarian”] [or] [“RX only”];];]5
[5. The defendant [did not have a valid prescription for __________________3;]4 [or]
[was not licensed] [or] [was not legally authorized to possess a dangerous drug because
__________________6;]]
6. This happened in New Mexico, on or about ________________7.