§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; or



(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]



 



Cross References



 



  Sale of sterile syringes for prevention of diseases, see
§325-21.



 



Case Notes



 



  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.



  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.



  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.



  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.



  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.



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