COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE

COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE POSSESSION, CULTIVATION OR UNDER CONTROL OF FIFTY OR MORE MARIJUANA PLANTS: H.R.S. § 712-1249.5(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 Second Degree. A person commits the offense of Commercial Promotion of Marijuana in the Second Degree if he/she knowingly [possesses] [cultivates] [has under his/her control] fifty or more marijuana plants. 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] [cultivated] [had under his/her control] marijuana plants; and 2. That the marijuana plants numbered fifty or more; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 712-1249.5(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 instruction: For definition of "possession" see instruction 6.06.