State v. Kupihea

Opinion of the Court by

ACOBA, J.

We hold that the conviction of Defendant-Appellant Joel Keith Kupihea (Defendant), under Hawai'i Revised Statutes (HRS) § 712-1242(l)(b)(i) (1993),1 of promoting a dangerous drug in the second degree (Count I) must be affirmed, but his conviction of violating HRS § 329^3.5(a) (1993),2 “prohibited acts relating to drug paraphernalia” (Count II), must be vacated and remanded for a new trial. With respect to Count I, we discern no error in a jury instruction describing methamphetamine as a dangerous drug and a controlled substance because the instruction merely…