COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE

COMMERCIAL PROMOTION OF MARIJUANA IN THE FIRST DEGREE CULTIVATION OF TWENTY-FIVE OR MORE MARIJUANA PLANTS: H.R.S. § 712-1249.4(1)d) [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 cultivates on land owned by [another person] [the government] [another legal entity] twenty-five or more marijuana plants, unless he/she has the express permission from the owner of the land to cultivate the marijuana, or a legal or an equitable ownership interest in the land, or a legal right to occupy the land. There are four 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 four elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant cultivated twenty-five or more marijuana plants; and 2. That the Defendant did so on land owned by [another person] [the government] [another legal entity]; and 3. That the Defendant did not have the express permission from the owner of the land to cultivate the marijuana, or a legal or an equitable ownership interest in the land, or a legal right to occupy the land; and 4. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1249.4(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 instruction: