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HAWJIC 13.41
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 839
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 distributed marijuana; and
2. That the marijuana had an aggregate weight of one pound or more; and
3. That the Defendant did so knowingly.
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE DISTRIBUTION OF ONE POUND OR MORE: H.R.S. § 712-1249.5(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 Second Degree. A person commits the offense of Commercial Promotion of Marijuana in the Second Degree if he/she knowingly distributes marijuana having an aggregate weight of one pound 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 distributed marijuana; and
2. That the marijuana had an aggregate weight of one pound or more; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 712-1249.5(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.