PROMOTING A HARMFUL DRUG IN THE FOURTH DEGREE – POSSESSION OF HARMFUL DRUG

PROMOTING A HARMFUL DRUG IN THE FOURTH DEGREE – POSSESSION OF HARMFUL DRUG: H.R.S. § 712-1246.5 [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 Fourth Degree. A person commits the offense of Promoting a Harmful Drug in the Fourth Degree if he/she knowingly possesses any (specify harmful drug) in any amount. There are two material elements of the offense of Promoting a Harmful Drug in the Fourth Degree, each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the defendant possessed (specify harmful drug) in any amount; and 2. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1246.5, 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.