COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE

COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE POSSESSION, CULTIVATION OR UNDER CONTROL OF ONE HUNDRED OR MORE MARIJUANA PLANTS: H.R.S. § 712-1249.4(1)(c) [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] [cultivates] [has under his/her control] one hundred or more marijuana plants. 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] [cultivated] [had under his/her control] marijuana plants; and 2. That the marijuana plants numbered 100 or more; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1249.4(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.