PROMOTING A DETRIMENTAL DRUG IN THE FIRST DEGREE – POSSESSION, CULTIVATION OR UNDER CONTROL OF TWENTY-FIVE OR MORE MARIJUANA PLANTS

PROMOTING A DETRIMENTAL DRUG IN THE FIRST DEGREE – POSSESSION, CULTIVATION OR UNDER CONTROL OF TWENTY-FIVE OR MORE MARIJUANA PLANTS: H.R.S. § 712-1247(1)(g) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Promoting a Detrimental Drug in the First Degree. A person commits the offense of Promoting a Detrimental Drug in the First Degree if he/she knowingly [possesses] [cultivates] [has under his/her control] twenty-five or more marijuana plants. There are two material elements of the offense of Promoting a Detrimental Drug in the First 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] [cultivated] [had under his/her control] twenty-five or more marijuana plants; and 2. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1247(1)(g), 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.