HAR §7-9-10. Drugs; wrongful use or distribution

(a) A model specification of the offense of drugs; wrongful use or distribution shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully (use) (transfer) (sell) a (detrimental) (harmful drug) (dangerous drug), to wit: _____________________." (b) The elements of the offense of drugs; wrongful use, or distribution, shall be as follows: (1) That, at the time and place alleged, the accused used or distributed a detrimental drug, a harmful drug, or dangerous drug as defined in chapter 712, HRS; (2) That the use or distribution by the accused was wrongful; and (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. (c) As used in this section, the term "to distribute" shall be as defined in section 712-1240, HRS. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP