In order to prove a defendant guilty of distribution of a controlled substance, the Commonwealth must prove three elements beyond a reasonable doubt.
- First Element: that the substance in question is a controlled substance
- The first element the Commonwealth must prove beyond a reasonable doubt is that the (powder/herb/block/pills) that a defendant allegedly distributed was a controlled substance. As a matter of law, a controlled substance is defined in our general laws. The Commonwealth must therefore prove to you beyond a reasonable doubt that the substance a defendant allegedly distributed was in fact a controlled substance.
- Second Element: that a defendant distributed some amount of that substance to another person or persons.
- The second element the Commonwealth must prove is that a defendant distributed some perceptible amount of that substance to another person or persons. The term "distribute" means to actually deliver a controlled substance to another person other than by legally administering or dispensing it.
- Third Element: that a defendant did so knowingly or intentionally.
- The third element the Commonwealth must prove beyond a reasonable doubt is that a defendant not only distributed a controlled substance, but that they did so knowingly or intentionally. Intent refers to a person's objective or purpose. A jury can find that the defendant acted knowingly or intentionally if they did so consciously, voluntarily and purposefully.