Property Used for Drug Trafficking or Manufacture

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   OR — Alternative

   Property connection

   The defendant owned, leased, rented, or possessed a place, structure, trailer, or conveyance.

   Plain language: Identify the property or conveyance and the defendant's legal or actual/constructive possession relationship to it.

2. Element 2

   OR — Alternative

   Knowledge and intended use

   The defendant knew the property or conveyance would be used for a statutory trafficking, sale, or manufacture purpose; the minor-present escalation requires knowing or constructive possession of manufacturing premises and knowledge or reason to know a minor is present or resides there.

   Plain language: Select the ownership/lease/rental, possession, or minor-present manufacturing track; each has a different degree.