PROMOTING A HARMFUL DRUG IN THE FIRST DEGREE – POSSESSION OF ONE HUNDRED OR MORE UNITS

PROMOTING A HARMFUL DRUG IN THE FIRST DEGREE – POSSESSION OF ONE HUNDRED OR MORE UNITS: H.R.S. § 712-1244(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Promoting a Harmful Drug in the First Degree. A person commits the offense of Promoting a Harmful Drug in the First Degree if he/she knowingly possesses one hundred or more [capsules] [tablets] [dosage units] containing (specify harmful drug(s) or combination thereof). There are three material elements of the offense of Promoting a Harmful 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 hundred or more [capsules] [tablets] [dosage units]; and 2. That the one hundred or more [capsules] [tablets] [dosage units] contained (specify harmful drug(s) or combination thereof); and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1244(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 "dosage unit", see instruction 13.00; but the definition is limited to H.R.S. §§ 712-1241 and 712-1242. For definition of "possession" see instruction 6.06.