HomeMy WebLinkAboutCOM 0837.001 2014-2016 E.•OR hq
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DAVID Y.IGE F q, - •y ::4`: - DOUGLAS S.CHIN
GOVERNOR + 1'4 _1_,.A, 1 ATTORNEY GENERAL
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:,t, �,t fa; RUSSELL A.SUZUKI
',; FIRST DEPUTY ATTORNEY GENERAL
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STATE OF HAWAII
DEPARTMENT OF THE ATTORNEY GENERAL o
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION a. `D(-3
235 S.BERETANIA STREET,SUITE 401
HONOLULU,HAWAII 96813
(808)586-1150
ag.hawaii.gov/cpja •
•
February 11,2016
Marcia May
P.O. Box 109
Mountain View, Hawaii 96771-0109
Dear Marcia,
My apologies for not writing to you sooner. Wish we could communicate via email so I can
quickly get my messages to you. Nearly one year after the fact, I want to say thank you for taking
the time to update me on your work in substance abuse prevention in the community. I
appreciated the materials,photos, flyers, etc. you compiled into the book.
A few things I wanted to share.
1) We have.partnered with the Hawaii High Intensity Drug Trafficking Areas (HIDTA) and State
Narcotics Enforcement Division(NED)to conduct a presentation that includes ICE,prescription
drugs,underage drinking, and marijuana. We will be at Keaau High School and Middle School,
respectively on February 19 and February 22, 2016 speaking to the students. We hope there will
be funding in the future for us to return to Ka'u since I know there is much need for your
community. We are working with Tanya Montgomery at Keaau High School and Janean Stone
at Keeau Middle School.
2) We have partnered with the County Department of Liquor Controls to produce two training
videos for those who serve and those who sell alcohol at restaurants,bars, stores, and other
retailers. By end of February, these will be posted on the Department of the Attorney General
website for viewing.
Thank you again for all that you do in crime prevention to keep your community safe. Here's
wishing you a good and safe 2016!
1-h 5v ort"°F �I
�� 6'10 1 c1 Very truly yours, COnm. Flo. ..
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§712-1241 Promoting a dangerous drug in the first degree. (1)
A person commits the offense of promoting a dangerous drug in the
first degree if the person knowingly:
(a) Possesses one or more preparations, compounds, mixtures, or
substances of an aggregate weight of :
(i) One ounce or more, containing heroin, morphine, or
cocaine or any of their respective salts, isomers, and
salts of isomers; or
(ii) One and one-half ounce or more, containing one or more
of any of the other dangerous drugs except
methamphetamine;
(b) Distributes, except for methamphetamine :
(i) Twenty-five or more capsules, tablets, ampules, dosage
units, or syrettes containing one or more dangerous
drugs; or
(ii) One or more preparations, compounds, mixtures, or
substances of an aggregate weight of :
(A) One-eighth ounce or more, containing heroin,
morphine, or cocaine or any of their respective
salts, isomers, and salts of isomers; or
(B) Three-eighths ounce or more, containing any other
dangerous drug;
(c) Distributes any dangerous drug in any amount to a minor
except for methamphetamine; or
(d) Manufactures a dangerous drug in any amount, except for
methamphetamine; provided that this subsection shall not
apply to any person registered under section 329-32 .
(2) Promoting a dangerous drug in the first degree is a class A
felony. [L 1972, c 9, pt of §1; am L 1975, c 163, §6 (c) ; am L 1979, c
112, §1; am L 1981, c 31, §1; am L 1982, c 9, §1; am L 1988, c 146,
§1; am L 1989, c 163, §1; gen ch 1992; am L 1996, c 308, §2; am L
1997, c 319, §2; am L 2002, c 161, §6; am L 2004, c 44, §5; am L 2006,
c 230, §49]
Revision Note
In subsection (1) (a) (ii) , "or" deleted pursuant to §23G-15 .
Cross References
Sale of sterile syringes for prevention of diseases, see §325-21 .
Case Notes
Proscription of distribution of lysergic acid diethylamine cannot be
extended by analogy to distribution of lysergic acid diethylamide . 61
H. 74, 595 P. 2d 288 (1979) .
Crime of promoting dangerous drug by distributing same is complete
upon offer to sell the contraband; actual delivery or chemical
analysis not required. 63 H. 77, 621 P. 2d 364 (1980) .
Nothing in subsection (1) (b) (ii) (A) required that defendant "
[possess] at any one time" one-eighth ounce or more of a cocaine-
containing substance or that the substance be delivered all at once in
a "single container" ; undercover police officer' s testimony
constituted substantial evidence supporting jury' s verdict finding
defendant guilty. 77 H. 72, 881 P . 2d 1218 (1994) .
Conviction vacated where proof that defendant possessed an aggregate
weight of one ounce or more of cocaine not supported by substantial
and admissible evidence . 80 H. 382, 910 P . 2d 695 (1996) .
Notwithstanding the use of the terms "mixture" and "weight" in
subsection (1) (b) (ii) (B) , dangerous drugs distributed in liquid form
must be measured in fluid ounces . 90 H. 255, 978 P . 2d 693 (1999) .
Disregarding the erroneously admitted testimony of the police
criminalist as to the weight of the substances, the record was devoid
of any evidence of the requisite weight of the methamphetamine, a
material element of the offenses charged; because those material
elements of the offenses were not supported by substantial and
admissible evidence, prosecution failed to adduce sufficient evidence
to prove every element of the offenses beyond a reasonable doubt . 115
H . 343, 167 P . 3d 336 (2007) .
Defendants did not prove entrapment under §702-237 (1) (b) by
preponderance of evidence as required by §701-115 (2) (b) ; officer ' s
conduct merely provided defendants with opportunity to commit offense
of promoting a dangerous drug in the first degree . 82 H. 499 (App . ) ,
923 P . 2d 916 (1996) .
There was insufficient evidence that defendant took a substantial
step toward the distribution of at least one-eighth ounce of
methamphetamine in defendant ' s possession where there was no evidence
that defendant had engaged in negotiations, offered, or agreed to
distribute any of the methamphetamine found in defendant ' s
possession. 107 H. 144 (App . ) , 111 P . 3d 39 (2005) .
The legislature did not intend to authorize the imposition of
multiple punishments for both possession and attempted distribution
under this section, where the convictions are based on a defendant ' s
possession of the same drugs at the same moment in time . 115 H. 364
(App . ) , 167 P. 3d 739 (2007) .
Cited: 700 F. Supp . 2d 1252 (2010) .
Mentioned: 74 H. 161, 840 P . 2d 358 (1992) .
Previous Vol14 Ch0701-0853 Next
§712-1242 Promoting a dangerous drug in the second degree . (1)
A person commits the offense of promoting a dangerous drug in the
second degree if the person knowingly:
(a) Possesses twenty-five or more capsules, tablets, ampules,
dosage units, or syrettes, containing one or more dangerous
drugs;
(b) Possesses one or more preparations, compounds, mixtures, or
substances of an aggregate weight of :
(i) One-eighth ounce or more, containing methamphetamine,
heroin, morphine, or cocaine or any of their respective
salts, isomers, and salts of isomers; or
(ii) One-fourth ounce or more, containing any dangerous drug;
or
(c) Distributes any dangerous drug in any amount, except for
methamphetamine .
(2) Promoting a dangerous drug in the second degree is a class B
felony. [L 1972, c 9, pt of §1; am L 1975, c 163, §6 (d) ; am L 1982, c
9, §2; am L 1987, c 176, §7 and c 356, §2; am L 1988, c 291, §1; am L
1989, c 163, §2 ; gen ch 1992; am L 1996, c 308, §3; am L 2002, c 161,
§7 ; am L 2004, c 44, §6; am L 2007, c 27 , §1]
Revision Note
In subsection (1) (a) , "or" deleted pursuant to §23G-15 .
Case Notes
Procuring agency defense is not applicable to charge under
subsection (1) (c) . 58 H. 234, 566 P. 2d 1370 (1977)
Instruction was erroneous which required the jury to find that
defendant knew the substance was heroin upon the State ' s showing by
chemical analysis that it was heroin . 61 H. 308, 603 P . 2d 141 (1979) .
Because undisputed evidence at trial was that defendant did nothing
more than offer to buy cocaine from police sergeant, defendant did
not, as a matter of law, violate subsection (1) (c) . 78 H. 317, 893
P . 2d 168 (1995) .
In the absence of a bill of particulars, where the evidence adduced
at trial proves only a sale and a reasonable juror could find that the
defendant did not act on the seller ' s behalf, the defendant is
entitled to a jury instruction on the procuring agent defense . 93 H .
279, 1 P. 3d 281 (2000) .
Although there was substantial evidence to conclude that defendant
was drug distributor in violation of this section, defendant was
entitled to a procuring agent defense instruction as (1) a jury
instruction must be given on every defense if there is any support in
the evidence "no matter how weak, inconclusive or unsatisfactory the
evidence may be" , (2) defendant ' s participation in drug transaction
negotiation or touching the drugs or money involved did not foreclose
a procuring agent defense, (3) determining whether defendant was an
agent of buyer was for the fact finder, and (4) there was support in
evidence for a procuring agent defense . 113 H. 385, 153 P . 3d 456
(2007) .
Disregarding the erroneously admitted testimony of the police
criminalist as to the weight of the substances, the record was devoid
of any evidence of the requisite weight of the methamphetamine, a
material element of the offenses charged; because those material
elements of the offenses were not supported by substantial and
admissible evidence, prosecution failed to adduce sufficient evidence
to prove every element of the offenses beyond a reasonable doubt . 115
H. 343, 167 P . 3d 336 (2007) .
Where promoting a dangerous drug in the second degree was a lesser
included offense of the charged offense of promoting a dangerous drug
in the first degree, and evidence established that defendant knowingly
distributed methamphetamine, case remanded to convict defendant of
promoting a dangerous drug in the second degree . 115 H. 343, 167 P . 3d
336 (2007) .
Method used to prove that capsules of methaqualone hydrochloride
contained methaqualone accepted as evidence . 1 H. App . 31, 613 P . 2d
919 (1980) .
Instruction charging the jury that proof that the defendant
distributed the substance proven to be cocaine was sufficient to show
defendant had knowledge of the nature of the substance was erroneous .
1 H. App. 544, 622 P . 2d 619 (1981) .
Chain of custody requirements . 1 H. App . 546, 622 P . 2d 620 (1981) .
Evidence was sufficient to prove distribution; it was not necessary
to introduce cocaine itself into evidence . 10 H. App . 1, 860 P . 2d 610
(1993) .
Cited: 700 F. Supp . 2d 1252 (2010) .
Previous Vo114 Ch0701-0853 Next