HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 13.38
Commercial Promotion of Marijuana 1° Cultivation of
CULTIVATION OF TWENTY-FIVE OR MORE MARIJUANA PLANTS:
H.R.S. § 712-1249.4(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 First Degree.
A person commits the offense of Commercial Promotion of
Marijuana in the First Degree if he/she knowingly cultivates on
land owned by [another person] [the government] [another legal
entity] twenty-five or more marijuana plants, 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 First 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 twenty-five or more
marijuana plants; 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.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
ec13bb918f9b43b295a8efddeed1517dd7bcd7fbc918980fd7ac65fac53c22f5
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