PROMOTING A DANGEROUS DRUG IN THE FIRST DEGREE – POSSESSION OF METHAMPHETAMINE, HEROIN, MORPHINE OR COCAINE

PROMOTING A DANGEROUS DRUG IN THE FIRST DEGREE – POSSESSION OF METHAMPHETAMINE, HEROIN, MORPHINE OR COCAINE: H.R.S. § 712-1241(1)(a)(i) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Promoting a Dangerous Drug in the First Degree. A person commits the offense of Promoting a Dangerous Drug in the First Degree if he/she knowingly possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing [methamphetamine] [heroin] [morphine] [cocaine] [(specify one of named drug(s)) or any of its respective salts, isomers, and salts of isomers]. There are three material elements of the offense of Promoting a Dangerous Drug in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant possessed one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more; and 2. That the one or more preparations, compounds, mixtures, or substances contained [methamphetamine] [heroin] [morphine] [cocaine] [(specify one of named drug(s)) or any of its respective salts, isomers, and salts of isomers]; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1241(1)(a)(i), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instructions: For definition of "possession" see instruction 6.06.