PROMOTING A DANGEROUS DRUG IN THE SECOND DEGREE – POSSESSION OF TWENTY-FIVE OR MORE UNITS

PROMOTING A DANGEROUS DRUG IN THE SECOND DEGREE – POSSESSION OF TWENTY-FIVE OR MORE UNITS: H.R.S. § 712-1242(1)(a) [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 Second Degree. A person commits the offense of Promoting a Dangerous Drug in the Second Degree if he/she knowingly possesses twenty-five or more [capsules] [tablets] [ampules] [dosage units] [syrettes] containing (specify dangerous drug(s)). There are three material elements of the offense of Promoting a Dangerous Drug in the Second 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 twenty-five or more [capsules] [tablets] [ampules] [dosage units] [syrettes]; and 2. That the twenty-five or more [capsules] [tablets] [ampules] [dosage units] [syrettes] contained (specify dangerous drug(s)); and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1242(1)(a), 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.