712-1248 Promoting a detrimental drug in the second degree. (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:

(a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;

(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one- eighth ounce or more, containing one or more of the Schedule V substances;

(c) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more, containing any marijuana; or

(d) Distributes any marijuana or any Schedule V substance in any amount.

(2) Promoting a detrimental drug in the second degree is a misdemeanor. [L 1972, c 9, pt of 1; am L 1975, c 163, 6(j); am L 1989, c 384, 3]

 

Revision Note

 

In subsection (1)(a) and (b), "or" deleted pursuant to 23G-15.

 

Case Notes

 

Where violation of misdemeanor offense under subsection (1)(d) also constituted violation of felony offense under 712-1247(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 (1997).

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 (1995).

 

 

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