O103 Possession of Controlled Substance Near Schools or Public Housing
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- O103
- Statute
- 21 U.S.C. § 860
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 716
Elements
Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.
The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:
(1) the Defendant knowingly possessed a controlled substance;
(2) the Defendant possessed the controlled substance at some place within 1,000 feet of [a school] [a housing facility owned by a public- housing authority]; and
(3) the Defendant intended to distribute the controlled substance.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
[The Defendant[s] [is/are] charged with [distributing] [possessing with intent to distribute] at least [threshold(s)] of [substance(s)]. But you may find [the/any] Defendant guilty of the crime even if the amount of the controlled substance[s] for which [he/she] should be held responsible is less than [threshold(s)]. So if you find [the/any] Defendant guilty, you must also find whether the Government has proved beyond a reasonable doubt the weight of [substance(s)] the Defendant possessed and specify the amount[s] on the verdict form.]
Related practice page
Drugs Near Schools & Selling Drugs to Minors
Official source: Official PDF, page 716
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.