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

PROMOTING A HARMFUL DRUG IN THE FIRST DEGREE – POSSESSION OF ONE OUNCE OR MORE: H.R.S. § 712-1244(1)(b) [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 or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more containing (specify harmful drug). 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 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 (specify harmful drug); and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1244(1)(b), 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.