To prove that the defendant Is a practitioner or an agent , the prosecutor must prove each of the following elements beyond a reasonable doubt:
M Crim JI 12.4 Defendant Is a Practitioner or an Agent
[Choose (1) or (2):]
[(1) The preparation of a controlled substance by a (state practitioner) in the course of his professional practice or employment is legal. If you find that the defendant was a (state practitioner) and that he was preparing (list substance), you must also be convinced beyond a reasonable doubt that he was not doing so in the course of his professional practice in order to convict him of manufacturing.]
[(2) The preparation of a controlled substance by a pharmacist or physician, or by an authorized agent under the supervision of a pharmacist or physician, for research, teaching, or chemical analysis and not for sale, is legal. If you find that the defendant was a pharmacist or physician, or an authorized agent under the supervision of a pharmacist or physician, and that he was preparing or compounding (list substance), you must also be convinced beyond a reasonable doubt that he was not doing so in the course of his professional practice in order to convict him of manufacturing.]
This instruction should be given only if some evidence has been presented that the defendant was a practitioner or agent. People v Wooster, 143 Mich App 513, 515-518, 372 NW2d 353 (1985); People v Bates, 91 Mich App 506, 513-516, 283 NW2d 785 (1979).
M Crim JI 12.4 (formerly CJI2d 12.4) was CJI 12:2:05.
Michigan State Bar “Michigan’s model criminal jury instructions have been developed over the course of many years through the State Bar’s Standing Committee on Criminal Jury Instructions, and published by the Institute for Continuing Legal Education which has made them available to its subscribers and through individual purchase. Calling these instructions a “valuable tool,” the Michigan Supreme Court has concluded that they have acquired such widespread use and the utility for attorneys, litigants, and courts, the Court has now ordered that the use of will be freely available, and mandatory after March 1, 2014.”
Komorn Law has represented numerous clients through the legal chaos defending against criminal charges, drunk driving and also starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you care about is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
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