PROMOTING A HARMFUL DRUG IN THE FIRST DEGREE – DISTRIBUTION OF ONE-EIGHTH OUNCE OR MORE

PROMOTING A HARMFUL DRUG IN THE FIRST DEGREE – DISTRIBUTION OF ONE-EIGHTH OUNCE OR MORE: H.R.S. § 712-1244(1)(d) [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 distributes one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more containing (specify harmful drug(s)). 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 distributed one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more; and 2. That the one or more compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more contained (specify harmful drug(s)); and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1244(1)(d), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instructions: