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HAWJIC 13.36
COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 832
Statutes:§712-1249.4
Material elements — the prosecution must prove each beyond a reasonable doubt
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 distributed marijuana; and
2. That the marijuana had an aggregate weight of five pounds or more; and
3. That the Defendant did so knowingly.
COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE – DISTRIBUTION OF FIVE POUNDS OR MORE: H.R.S. § 712-1249.4(1)(b)
[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 distributes marijuana having an aggregate weight of 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 distributed marijuana; and
2. That the marijuana had an aggregate weight of five pounds or more; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 712-1249.4(1)(b), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 712, see instructions:
Also references
Verify against the current official HAWJIC compendium.