PROMOTING A DETRIMENTAL DRUG IN THE SECOND DEGREE – DISTRIBUTION OF MARIJUANA OR SCHEDULE V SUBSTANCE

PROMOTING A DETRIMENTAL DRUG IN THE SECOND DEGREE – DISTRIBUTION OF MARIJUANA OR SCHEDULE V SUBSTANCE: H.R.S. § 712-1248(1)(d) [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 distributes [marijuana] [(specify Schedule V substance)] in any amount. There are two 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 two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant distributed [marijuana] [(specify Schedule V substance)] in any amount; and 2. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1248(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: