COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST

COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE – POSSESSION OF TWENTY-FIVE POUNDS OR MORE: H.R.S. § 712-1249.4(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Commercial Promotion of Marijuana in the First Degree. A person commits the offense of Commercial Promotion of Marijuana in the First Degree if he/she knowingly possesses marijuana having an aggregate weight of twenty-five pounds or more. There are three material elements of the offense of Commercial Promotion of Marijuana 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 possessed marijuana; and 2. That the marijuana had an aggregate weight of twenty- five pounds or more; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1249.4(1)(a), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instruction: For definition of "possession" see instruction 6.06.