Hawaii Revised Statutes

Haw. Rev. Stat. § 712-1241 (2026)

Promoting a dangerous drug in the first degree

✓ current as of July 2026

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§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 methamphetamine, heroin, morphine, fentanyl, 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;

(b) Distributes:

(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 methamphetamine, heroin, morphine, fentanyl, 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;

(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; am L 2016, c 231, §54; am L 2025, c 4, §1]

Note

L 2016, c 231, §70 provides:

"SECTION 70. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date [July 1, 2016]; provided that sections 54 [amending §712-1241(1)], 55 [amending §712-1242(1)], and 56 [repealing §712-1240.8] shall apply to offenses committed before the effective date of this Act [July 1, 2016]:

(1) But not yet charged as of its effective date [July 1, 2016];

(2) Originally charged as a violation of section 712-1240.7 or 712-1240.8, Hawaii Revised Statutes, where the defendant:

(a) Has not yet been placed in jeopardy or convicted on a plea or verdict; and

(b) Waives any claim of denial of speedy trial rights for the period elapsing between the date of filing of the original charge and the date of filing of the new charge under this Act;

(3) Originally charged as a violation of section 712-1240.7 or 712-1240.8, Hawaii Revised Statutes, for which the defendant has been convicted on a plea or verdict, but not yet sentenced, in which case the defendant shall be sentenced pursuant to this Act; and

(4) Originally charged as a violation of section 712-1240.7 or 712-1240.8, Hawaii Revised Statutes, for which the defendant has been convicted on a plea or verdict and sentenced but for which no final judgment on appeal has been entered, in which case the appellate court shall either:

(a) Remand the case for sentencing pursuant to this Act if the judgment is affirmed on appeal or if the sentence is vacated; or

(b) Remand the case for further proceedings pursuant to this Act if the judgment is reversed and remanded for further proceedings."

Revision Note

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

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 (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).

Notes of Decisions

Cited in 90 cases (11 in the last 5 years), 1977–2025 · leading case: State v. Aluli, 893 P.2d 168 (Haw. 1995).

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State v. Aluli, 893 P.2d 168 (Haw. 1995). · cites it 54× “[4] In explaining the rationale for treating possessors and distributors differently, the Commentary to HRS §§ 712-1241 to 1250 [5] states: It is the purpose of the Code to hit hardest at the illegal trafficker in dangerous drugs, harmful drugs, and detrimental drugs.”

State v. Mattiello, 978 P.2d 693 (Haw. 1999). · cites it 33× “At the time of the alleged offense, HRS § 712-1241 provided in relevant part: Promoting a dangerous ' drug in the first degree.”

State v. Fagaragan, 167 P.3d 739 (Haw. App. 2007). · cites it 33× “We hold that the legislature did not intend for multiple punishments to be imposed in cases involving possession and attempted distribution under HRS § 712-1241, where the convictions rest on evidence of possession by a defendant of the same drugs at the same moment in time.”

State v. Manewa, 167 P.3d 336 (Haw. 2007). · cites it 26× “[Tiny], however was indicted for knowingly distributing proscribed drugs under HRS § 712-1241. . . . A person "distributes" a dangerous drug when he sells, transfers, gives, or delivers to another, or leaves, barters, or exchanges with another, or offers or agrees to do the same.”

Fagaragan v. State., 320 P.3d 889 (Haw. 2014). · cites it 31× “2 HRS § 712-1241 (Supp. 2005) Promoting a dangerous drug in the first degree provides in relevant part: (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…”

State v. Carmichael, 53 P.3d 214 (Haw. 2002). · cites it 24× “The Commentary to Sections 712-1241 to 1250 explains that HRS §§ 712-1241 to 1250 "set forth four different offenses relating to drugs and intoxicating compounds.”

State v. Reed, 881 P.2d 1218 (Haw. 1994). · cites it 22× “HRS § 712-1241(2) (1985 & Supp. 1992). 2 .”

State v. Wallace, 910 P.2d 695 (Haw. 1996). · cites it 7× “HRS § 712-1241 provides in relevant part: Promoting a dangerous drug in the first degree.”

State v. Hoang, 947 P.2d 360 (Haw. 1997). · cites it 19× “1, in 1972 House Journal, at 1040; see also Commentary on HRS §§ 712-1241 to -1250. Thus, the legislature established a hierarchy of offenses based on the amount and kind of drugs possessed.”

State v. Rodrigues., 454 P.3d 428 (Haw. 2019). · cites it 3× “5(1),3 one count of Promoting a Detrimental Drug in the Second Degree in violation of HRS § 712-1248(1),4 and one count of Prohibited Acts Relating 1 HRS § 712-1241(1)(a) (2014 & Supp. 2016) provides as follows: (1) A person commits the offense of promoting a dangerous drug in…”

State v. Dudoit, 978 P.2d 700 (Haw. 1999). · cites it 6× “three-eighth ounce or more, containing any other dangerous drug," as employed in HRS § 712-1241(1)(b)(ii)(B) (1993). (Emphasis added.”

State v. Soto, 933 P.2d 66 (Haw. 1997). · cites it 6× “HRS § 712-1241 (1993) provides in relevant part: Promoting a dangerous drug in the first degree.”

Show all 90 citing cases →

— Haw. Rev. Stat. § 712-1241(1) — 2 cases

State v. Vaden, 497 P.3d 1104 (Haw. App. 2021).

State v. Ramos, 201 P.3d 628 (Haw. App. 2009).

— Haw. Rev. Stat. § 712-1241(1)(a) — 10 cases

State v. Rodrigues., 454 P.3d 428 (Haw. 2019). “5(1),3 one count of Promoting a Detrimental Drug in the Second Degree in violation of HRS § 712-1248(1),4 and one count of Prohibited Acts Relating 1 HRS § 712-1241(1)(a) (2014 & Supp. 2016) provides as follows: (1) A person commits the offense of promoting a dangerous drug in…”

State v. Mattiello, 978 P.2d 693 (Haw. 1999). “At the time of the alleged offense, HRS § 712-1241 provided in relevant part: Promoting a dangerous ' drug in the first degree.”

State v. Aluli, 893 P.2d 168 (Haw. 1995). “[4] In explaining the rationale for treating possessors and distributors differently, the Commentary to HRS §§ 712-1241 to 1250 [5] states: It is the purpose of the Code to hit hardest at the illegal trafficker in dangerous drugs, harmful drugs, and detrimental drugs.”

State v. Melendez., 463 P.3d 1048 (Haw. 2020).

State v. Spies. ICA mem. op., filed 10/03/2024 [ada], 155 Haw. 98. ICA Order of Corr., filed 10/04/2024. ICA Amended Order of Corr., filed 10/04/2024 [ada]. Motion for Reconsideration, filed 10/11/2024. ICA Order, filed 10/30/2024 [ada]. Application for Writ of Certiorari, filed 12/16/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 01/29/2025 [ada]. Application for Writ of Certiorari, filed 01/08/2025. S.Ct. Order Accepting Application for Writ of Certiorari, filed 02/20/2025 [ada]. (Haw. 2025).

— Haw. Rev. Stat. § 712-1241(1)(a)(i) — 15 cases

State v. Savitz, 39 P.3d 567 (Haw. 2002).

State v. Blackshire, 861 P.2d 736 (Haw. App. 1993).

Fagaragan v. State., 320 P.3d 889 (Haw. 2014). “2 HRS § 712-1241 (Supp. 2005) Promoting a dangerous drug in the first degree provides in relevant part: (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…”

State v. Steger, 158 P.3d 280 (Haw. App. 2007).

— Haw. Rev. Stat. § 712-1241(1)(b) — 2 cases

State v. Manewa, 167 P.3d 336 (Haw. 2007). “[Tiny], however was indicted for knowingly distributing proscribed drugs under HRS § 712-1241. . . . A person "distributes" a dangerous drug when he sells, transfers, gives, or delivers to another, or leaves, barters, or exchanges with another, or offers or agrees to do the same.”

State v. Cabos (Haw. App. 2025).

— Haw. Rev. Stat. § 712-1241(1)(b)(i) — 1 case

State v. Cabos (Haw. App. 2025).

— Haw. Rev. Stat. § 712-1241(1)(b)(ii) — 2 cases

State v. Mattiello, 978 P.2d 693 (Haw. 1999). “At the time of the alleged offense, HRS § 712-1241 provided in relevant part: Promoting a dangerous ' drug in the first degree.”

State v. Zuffante, 556 P.3d 1275 (Haw. App. 2024).

— Haw. Rev. Stat. § 712-1241(1)(b)(ii)(A) — 7 cases

State v. Crail, 35 P.3d 197 (Haw. 2001).

State v. Gaspar, 801 P.2d 30 (Haw. App. 1990).

— Haw. Rev. Stat. § 712-1241(1)(b)(ii)(B) — 3 cases

State v. Mattiello, 978 P.2d 693 (Haw. 1999). “At the time of the alleged offense, HRS § 712-1241 provided in relevant part: Promoting a dangerous ' drug in the first degree.”

State v. Dudoit, 978 P.2d 700 (Haw. 1999). “three-eighth ounce or more, containing any other dangerous drug," as employed in HRS § 712-1241(1)(b)(ii)(B) (1993). (Emphasis added.”

State v. Austin, 769 P.2d 1098 (Haw. 1989).

— Haw. Rev. Stat. § 712-1241(1)(c) — 1 case

State v. Hoang, 947 P.2d 360 (Haw. 1997). “1, in 1972 House Journal, at 1040; see also Commentary on HRS §§ 712-1241 to -1250. Thus, the legislature established a hierarchy of offenses based on the amount and kind of drugs possessed.”

— Haw. Rev. Stat. § 712-1241(1)(d) — 2 cases

State v. Kealoha, 22 P.3d 1012 (Haw. App. 2000).

State v. Auld, 157 P.3d 574 (Haw. App. 2007).

— Haw. Rev. Stat. § 712-1241(1)(e) — 1 case

— Haw. Rev. Stat. § 712-1241(2) — 4 cases

State v. Reed, 881 P.2d 1218 (Haw. 1994). “HRS § 712-1241(2) (1985 & Supp. 1992). 2 .”

State v. Fagaragan, 167 P.3d 739 (Haw. App. 2007). “We hold that the legislature did not intend for multiple punishments to be imposed in cases involving possession and attempted distribution under HRS § 712-1241, where the convictions rest on evidence of possession by a defendant of the same drugs at the same moment in time.”

— Haw. Rev. Stat. § 712-1241(3) — 1 case

State v. LAEDA, 201 P.3d 607 (Haw. App. 2007).

— Haw. Rev. Stat. § 712-1241(b) — 1 case

State v. Cabos (Haw. App. 2025).

— Haw. Rev. Stat. § 712-1241(c) — 1 case

— Haw. Rev. Stat. § 712-1241(l)(a) — 5 cases

State v. Irvine, 967 P.2d 236 (Haw. 1998).

State v. Quesnel, 900 P.2d 182 (Haw. App. 1995).

— Haw. Rev. Stat. § 712-1241(l)(a)(I) — 1 case

State v. Mikasa, 135 P.3d 1044 (Haw. 2006).

— Haw. Rev. Stat. § 712-1241(l)(a)(i) — 17 cases

State v. Wallace, 910 P.2d 695 (Haw. 1996). “HRS § 712-1241 provides in relevant part: Promoting a dangerous drug in the first degree.”

State v. Lopez, 896 P.2d 889 (Haw. 1995).

State v. Kealoha, 22 P.3d 1012 (Haw. App. 2000).

— Haw. Rev. Stat. § 712-1241(l)(b) — 4 cases

State v. Scott, 951 P.2d 1243 (Haw. 1998).

Carvalho v. State, 914 P.2d 1378 (Haw. App. 1996).

— Haw. Rev. Stat. § 712-1241(l)(b)(i) — 1 case

State v. Meyer, 595 P.2d 288 (Haw. 1979).

— Haw. Rev. Stat. § 712-1241(l)(b)(ii)(A) — 13 cases

State v. Reed, 881 P.2d 1218 (Haw. 1994). “HRS § 712-1241(2) (1985 & Supp. 1992). 2 .”

State v. Soto, 933 P.2d 66 (Haw. 1997). “HRS § 712-1241 (1993) provides in relevant part: Promoting a dangerous drug in the first degree.”

— Haw. Rev. Stat. § 712-1241(l)(d) — 2 cases

State v. Maldonado, 121 P.3d 901 (Haw. 2005).

State v. Maldonado, 121 P.3d 911 (Haw. App. 2005).

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