New Mexico Jury Instruction - Possession
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How to fill out Jury Instruction - Possession?
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§ 841(a)(1), commonly referred to as Possession With Intent to Distribute. Anyone who is found in possession of a large amount of counterfeit or controlled substances could be charged with this crime, which is a more serious offense than possession of controlled substances (a/k/a street drugs) for personal use.
It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a ...
(b) a counterfeit substance enumerated in Schedule V is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for a definite term not less than one hundred eighty days but less than one year, or both.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
Section 30-31A-6 - Possession with intent to distribute an imitation controlled substance. It is unlawful for any person intentionally to possess an imitation controlled substance with the intent to distribute. Any person who violates this section is guilty of a fourth degree felony.
Criminal Punishments for Possession of Controlled Substances Monetary fine between $100 to $1,000 for a first offense petty misdemeanor. Up to one year in jail and a fine for a full misdemeanor. Prison sentence not to exceed 18 months for fourth-degree felony.
