25.9 SALE, MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO SELL, MANUFACTURE, OR DELIVER [FENTANYL] [INSERT RELEVANT SUBSTANCE]

To prove the crime of (crime charged), the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) [sold] [manufactured] [delivered] [possessed with intent to [sell] [manufacture] [deliver]] a certain substance.

2. The substance was [(insert relevant substance listed in § 893.13(1)(i)1.a.-f., Fla. Stat.)] [a mixture containing (insert relevant substance listed in § 893.13(1)(i)1.a.-f., Fla. Stat.)].

3. The [substance] [mixture] was in a form that resembled, or was mixed, granulated, absorbed, spray-dried, or aerosolized as or onto, coated on, in whole or in part, or solubilized with or into, a product, when such product or its packaging further had at least one of the following attributes:

a. Resembled the trade dress of a branded food product, consumer food product, or logo food product; or,

b. Incorporated an actual or fake registered copyright, service mark, or trademark; or,

c. Resembled candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product; or,

d. Contained a cartoon character imprint.

4. (Defendant) had knowledge of the presence of the substance.