§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]
In subsection (1)(a)(ii), "or" deleted pursuant to §23G-15.
Sale of sterile syringes for prevention of diseases, see §325-21.
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).