METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – POSSESSION OF ONE OUNCE OR MORE

METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – POSSESSION OF ONE OUNCE OR MORE: H.R.S. § 1240.7(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Methamphetamine Trafficking in the First Degree. A person commits the offense of Methamphetamine Trafficking in the First Degree if he/she knowingly possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing methamphetamine or any of its salts, isomers, and salts of isomers. There are three material elements of the offense of Methamphetamine Trafficking in the First 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 one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more; and 2. That the one or more preparations, compounds, mixtures, or substances contained methamphetamine or any of its salts, isomers, and salts of isomers; and 3. That the Defendant acted knowingly as to each of the foregoing elements. Notes H.R.S. § 712-1240.7(1)(a). For definitions 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.