PROMOTING A DETRIMENTAL DRUG IN THE SECOND DEGREE – POSSESSION OF ONE OUNCE OR MORE OF ANY MARIJUANA

PROMOTING A DETRIMENTAL DRUG IN THE SECOND DEGREE – POSSESSION OF ONE OUNCE OR MORE OF ANY MARIJUANA: H.R.S. § 712-1248(1)(c) [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 Second Degree. A person commits the offense of Promoting a Detrimental Drug in the Second Degree if he/she knowingly possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing any marijuana. There are three material elements of the offense of Promoting a Detrimental Drug in the Second 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 any marijuana; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1248(1)(c), 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.