HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 13.49
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.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
ea9a79b54237bfa6ea4c77ad1c24310c32eab74488ae8ad2cddf13362098220d
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