The state accuses the defendant of having committed the offense of possession of a controlled substance with intent to deliver it.

Relevant Statutes

A person commits the offense of possession of a controlled substance with intent to deliver it if the person knowingly possesses with intent to deliver a controlled substance [and the amount of the controlled substance is, by aggregate weight, including adulterants or dilutants, [insert specific amount, e.g., one gram or more but less than four grams]].

[Substance] is a controlled substance.

Definitions

Possession

“Possession” means actual care, custody, control, or management.

Deliver

“Deliver” means to transfer, actually or constructively, to another a controlled substance [regardless of whether there is an agency relationship]. The term includes offering to sell a controlled substance.

Adulterant or Dilutant

“Adulterant or dilutant” means any material that increases the bulk or quantity of a controlled substance, regardless of its effect on the chemical activity of the controlled substance.

Knew He Was Possessing Controlled Substance

The phrase knew he was possessing a controlled substance means a person was aware that he was possessing something and aware that what he was possessing was a substance that in fact was a controlled substance.

Intended to Deliver Controlled Substance

The phrase intended to deliver a controlled substance means it was the person’s conscious objective or desire to deliver something and the person knew that the thing he so intended to deliver was a substance that in fact was a controlled substance.

Application of Law to Facts

[Include the following if the offense does not require a minimum weight.]

You must decide whether the state has proved, beyond a reasonable doubt, three elements. These elements are that—

1. the defendant, [name], possessed [substance] in [county] County, Texas, on or about [date]; and
2. the defendant knew he was possessing a controlled substance; and
3. the defendant intended to deliver the controlled substance.

[Include the following if the offense requires a minimum weight.]

You must decide whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

1. the defendant, [name], possessed [substance] in [county] County, Texas, on or about [date]; and
2. the [substance] was, by aggregate weight, including adulterants or dilutants, [amount] gram[s] or more; and
3. the defendant knew he was possessing a controlled substance; and
4. the defendant intended to deliver the controlled substance.

[Continue with the following.]

You must all agree on [elements 1, 2, and 3/elements 1, 2, 3, and 4] listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements [1, 2, and 3/1, 2, 3, and 4] listed above, you must find the defendant “not guilty.”

If you all agree the state has proved each of the [three/four] elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]