HRS 0712-1241 ANNOTATIONS

Sale of sterile syringes for prevention of diseases (expires July 1, 2004). L 2001, c 292.

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.

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.

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.

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.

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.

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.

Mentioned: 74 H. 161, 840 P.2d 358.