Defense to Promoting

Defense to Promoting: H.R.S. § 712-1240.1 It is a defense to prosecution for (name of offense defined by Part IV of H.R.S. Chapter 12) that the Defendant [possessed] [distributed] the [dangerous] [harmful] [detrimental] drug [under authority of law as a practitioner] [as an ultimate user of the drug pursuant to a lawful prescription][as a person authorized by law]. The burden is on the prosecution to prove beyond a reasonable doubt that the Defendant did not [possess] [distribute] the [dangerous][harmful][detrimental] drug [under authority of law as a practitioner][as an ultimate user of the drug pursuant to a lawful prescription][as a person authorized by law]. If the prosecution does not meet its burden, then you must find the Defendant not guilty. Notes H.R.S. § 712-1240.1. This defense is applicable to offenses defined in Part IV of H.R.S. Chapter 12, see instructions 13.01 thru 13.47.