Case Notes
Criminalization of marijuana is constitutional. 56 H. 501, 542 P.2d 366.
Where a bill of particulars, under a charge of distributing marijuana, states that defendant "offered or agreed to sell" marijuana, State is limited to proving the particulars specified in the bill, notwithstanding the definition of "distribute" contained in §712-1240(11). 60 H. 8, 586 P.2d 1022.
Where violation of misdemeanor offense under §712-1248(1)(d) also constituted violation of felony offense under subsection (1)(h), conviction of felony offense would have constituted violation of defendant's due process and equal protection rights. 86 H. 48, 947 P.2d 360.
Procuring agent for the buyer defense was available against a charge of bartering a drug and was available to a defendant who was buyer’s accomplice. 78 H. 488 (App.), 896 P.2d 944.
Since to sell and to barter do not include to prescribe, §712-1248(1)(d) is not a lesser included offense of §712-1247(1)(h). 78 H. 488 (App.), 896 P.2d 944.