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HAWJIC 13.40
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 838
Statutes:§712-1249.5
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Commercial Promotion of Marijuana in the Second 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 two pounds or more; and
3. That the Defendant did so knowingly.
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE – POSSESSION OF TWO POUNDS OR MORE: H.R.S. § 712-1249.5(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 Second Degree. A person commits the offense of Commercial Promotion of Marijuana in the Second Degree if he/she knowingly possesses marijuana having an aggregate weight of two pounds or more.
There are three material elements of the offense of Commercial Promotion of Marijuana in the Second 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 two pounds or more; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 712-1249.5(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.
Also references
Verify against the current official HAWJIC compendium.