Massachusetts Jury Instruction - Controlled Substances
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FAQ
Specific intent designates a special mental element that is above and beyond any mental state required with respect to the actus reus of the crime. [2] Specific intent is a term used to describe a state of mind that exists where a defendant objectively desired a specific result to follow his act.
Under Massachusetts General Laws Chapter 94C, section 7, an MCSR is required to manufacture, distribute, prescribe, dispense, administer or possess a controlled substance. The Drug Control Program furnishes a copy of your registration to the U.S. Drug Enforcement Administration (DEA).
A specific intent crime is a criminal act that is carried out with the intent to achieve an additional result. Burglary is a classic example of a specific intent crime. Burglary is the act of entering a structure with the intent of committing a theft or any felony.
595, 607 (1993) (constructive possession of controlled substance requires proof that defendant knew location of illegal drugs plus ability and intent to exert dominion and control).
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
Schedule III compounds include some stimulants and depressants, pain killers, and many anesthetics and analgesics. Schedule IV substances include stimulants and depressants with lower abuse potential. Schedule V lists therapeutic drug mixtures containing very limited quantities of Controlled Substances.
There are four different levels of intent that a person can have when committing an offense: purposefully, with knowledge that it is a crime; knowingly, with awareness that it is a crime; recklessly, with the purpose of causing a result/consequence with disregard for the consequences of committing the crime; or ...
In California, it is generally presumed that the defendant intended to perform an act which he or she has done. However, for crimes that require specific intent, that intent must be proven beyond a reasonable doubt.