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HAWJIC 13.43
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 841
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 four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant cultivated a marijuana plant; 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.
COMMERCIAL PROMOTION OF MARIJUANA IN THE SECOND DEGREE CULTIVATION OF A MARIJUANA PLANT: H.R.S. § 712-1249.5(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 Second Degree. A person commits the offense of Commercial Promotion of Marijuana in the Second Degree if he/she knowingly cultivates on land owned by [another person] [the government] [another legal entity] a marijuana plant, 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 Second 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 a marijuana plant; 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. §§ 712-1249.5(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:
Also references
Verify against the current official HAWJIC compendium.