Bill Text: HI HB1539 | 2017 | Regular Session | Introduced
Bill Title: Relating To Marijuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-30 - Referred to HLT, JUD, referral sheet 6 [HB1539 Detail]
Download: Hawaii-2017-HB1539-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1539 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to marijuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State has legal primary jurisdiction over any and all crimes committed by residents within its territorial boundaries with the exception of property directly owned by the federal government. Any activities related to the growing, processing, distribution, sale, possession, or consumption of marijuana on federal lands is subject to the applicable federal laws. However, if no applicable federal law exists, marijuana-related activities may be subject to state law.
It is the intent of the legislature that this Act shall not be interpreted to undermine the federal government authority to regulate the export and import of marijuana or marijuana compounds from another state or United States territory, or to regulate its use on federal property or among active duty members of the United States Armed Forces.
The purpose of this Act is to remove the criminal penalties related to marijuana and marijuana compounds and legalize marijuana for personal use.
SECTION 2. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§709- Sale of intoxicating compounds created from marijuana or marijuana concentrates to a minor. (1) It shall be unlawful for a person to knowingly sell or furnish intoxicating compounds created from marijuana or marijuana concentrates to a minor under the age of eighteen.
(2) A person selling or furnishing intoxicating compounds created from marijuana or marijuana concentrates shall post signs with the statement, "The sale of marijuana or marijuana concentrate products to persons under the age of eighteen is prohibited". Signs shall use letters at least one-half inch high and be posted on or near any vending machine and any other location where intoxicating compounds created from marijuana or marijuana concentrates are sold.
(3) It shall be unlawful for a minor who is under the age of eighteen to purchase any intoxicating compounds created from marijuana or marijuana concentrates, except if:
(a) The minor obtains and shows to the seller parental authorization; or
(b) The minor is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of a law enforcement agency to determine the level of incidence of sales of intoxicating compounds created from marijuana or marijuana concentrates to minors.
(4) Any person who violates subsection (1) or (2), or both shall be fined $500 for the first offense and fined no less than $500, but not more than $2,000 for each subsequent offense. Any minor under the age of eighteen who violates subsection (3) shall be fined $10 for the first offense and fined $50 for any subsequent offense; provided that, in addition to the fine, the minor shall perform no less than forty-eight hours, but no more than seventy-two hours of community service during the period when the minor is not attending school or work; provided further that no part of the community service sentence shall be suspended.
(5) For purposes of this section, "intoxicating compounds", "marijuana", and "marijuana concentrate" shall have the same meanings as in section 712-1240."
SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:
"§712- Growing of marijuana plants. (1) The cultivation of marijuana plants for personal use shall be permitted, except where cultivation occurs on public lands, as defined in section 171-2, and a person shall not be subject to criminal prosecution for possession or distribution of marijuana or marijuana concentrate for personal use under this part; provided that:
(a) No more than ten marijuana plants are cultivated on land zoned for residential purposes; and
(b) More than ten marijuana plants may be cultivated on land zoned for agricultural use.
Each county may specify rules for the cultivation of marijuana plants for personal use.
(2) Any person cultivating marijuana plants on public lands shall be subject to a fine of $20,000.
(3) Any person who cultivates marijuana plants on private property without the permission of the property owner or legal tenant may be guilty of criminal trespass in the first degree under section 708-813.
§712- Marijuana use and distribution in conjunction with certain illegal activities. (1) A person commits the offense of marijuana use and distribution in conjunction with certain illegal activities if the person knowingly:
(a) Shares moneys gained from the sale of marijuana or marijuana concentrate with criminal enterprises, gangs, or cartels that engage in illegal activities;
(b) Engages in the use of violence or firearms in relation to the cultivation of marijuana plants; or
(c) Uses a marijuana distribution business as a cover to hide other illegal activities in accordance with federal law.
(2) A person guilty of the offense of marijuana use and distribution in conjunction with certain illegal activities shall be subject to a fine of $20,000. Penalties shall not preclude any other available federal penalty."
SECTION 4. Section 329-14, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (d) to read:
"(d) Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Alpha-ethyltryptamine (AET);
(2) 2,5-dimethoxy-4-ethylamphetamine (DOET);
(3) 2,5-dimethoxyamphetamine (2,5-DMA);
(4) 3,4-methylenedioxy amphetamine;
(5) 3,4-methylenedioxymethamphetamine (MDMA);
(6) N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-MDA);
(7) 3,4-methylenedioxy-N-ethylamphetamine (MDE);
(8) 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) 4-bromo-2,5-dimethoxy-amphetamine (4-bromo-2,5-DMA);
(10) 4-Bromo-2,5-dimethoxyphenethylamine (Nexus);
(11) 3,4,5-trimethoxy amphetamine;
(12) Bufotenine;
(13) 4-methoxyamphetamine (PMA);
(14) Diethyltryptamine;
(15) Dimethyltryptamine;
(16) 4-methyl-2,5-dimethoxy-amphetamine;
(17) Gamma hydroxybutyrate (GHB) (some other names include gamma hydroxybutyric acid; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
(18) Ibogaine;
(19) Lysergic acid diethylamide;
[(20) Marijuana;
(21)] (20) Parahexyl;
[(22)] (21) Mescaline;
[(23)] (22) Peyote;
[(24)] (23) N-ethyl-3-piperidyl
benzilate;
[(25)] (24) N-methyl-3-piperidyl
benzilate;
[(26)] (25) Psilocybin;
[(27)] (26) Psilocyn;
[(28)] (27) 1-[1-(2-Thienyl) cyclohexyl]
Pyrrolidine (TCPy);
[(29)] (28) Ethylamine analog of
phencyclidine (PCE);
[(30)] (29) Pyrrolidine analog of
phencyclidine (PCPy, PHP);
[(31)] (30) Thiophene analog of phencyclidine
(TPCP; TCP);
[(32)] (31) Gamma-butyrolactone,
including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone
dihydro; dihydro-2(3H)furanone; tetrahydro-2-furanone; 1,2-butanolide;
1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone;
3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with Chemical
Abstract Service number 96-48-0 when any such substance is intended for human
ingestion;
[(33)] (32) 1,4 butanediol, including
butanediol; butane-1,4-diol; 1,4- butylenes glycol; butylene glycol;
1,4-dihydroxybutane; 1,4- tetramethylene glycol; tetramethylene glycol;
tetramethylene 1,4- diol with Chemical Abstract Service number 110-63-4 when
any such substance is intended for human ingestion;
[(34)] (33) 2,5-dimethoxy-4-(n)-propylthiophenethylamine
(2C-T-7), its optical isomers, salts, and salts of isomers;
[(35)] (34) N-benzylpiperazine (BZP;
1-benzylpiperazine) its optical isomers, salts, and salts of isomers;
[(36)] (35) 1-(3-trifluoromethylphenyl)piperazine
(TFMPP), its optical isomers, salts, and salts of isomers;
[(37)] (36) Alpha-methyltryptamine (AMT),
its isomers, salts, and salts of isomers;
[(38)] (37) 5-methoxy-N,N-diisopropyltryptamine
(5-MeO-DIPT), its isomers, salts, and salts of isomers;
[(39)] (38) Salvia divinorum;
[(40)] (39) Salvinorin A;
[(41)] (40) Divinorin A;
[(42)] (41) 5-Methoxy-N,N-Dimethyltryptamine
(5-MeO-DIPT) (some trade or other names:
5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT);
[(43)] (42) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine
(2C‑E);
[(44)] (43) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine
(2C‑D);
[(45)] (44) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine
(2C‑C);
[(46)] (45) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine
(2C-I);
[(47)] (46) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2);
[(48)] (47) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-4);
[(49)] (48) 2-(2,5-Dimethoxyphenyl)ethanamine
(2C-H);
[(50)] (49) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine
(2C‑N);
[(51)] (50) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine
(2C-P);
[(52)] (51) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);
[(53)] (52) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); and
[(54)] (53) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36)."
2. By amending subsection (g) to read:
"(g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
[(1) Tetrahydrocannabinols; meaning
tetrahydrocannabinols naturally contained in a plant of the genus Cannabis
(cannabis plant), as well as synthetic equivalents of the substances contained
in the plant, or in the resinous extractives of Cannabis, sp. or synthetic
substances, derivatives, and their isomers with similar chemical structure and
pharmacological activity to those substances contained in the plant, such as
the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical
isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers;
and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since
nomenclature of these substances is not internationally standardized, compounds
of these structures, regardless of numerical designation of atomic positions,
are covered);
(2)] (1) Naphthoylindoles; meaning any
compound containing a 3-(1-naphthoyl)indole structure with substitution at the
nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or
2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the naphthyl ring to any
extent;
[(3)] (2) Naphthylmethylindoles; meaning
any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with
substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl
or 2-(4-morpholinyl) ethyl group whether or not further substituted in the
indole ring to any extent and whether or not substituted in the naphthyl ring
to any extent;
[(4)] (3) Naphthoylpyrroles; meaning any
compound containing a 3-(1-naphthoyl) pyrrole structure with substitution at
the nitrogen atom of the pyrrole ring by a alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or
2-(4-morpholinyl) ethyl group whether or not further substituted in the pyrrole
ring to any extent, whether or not substituted in the naphthyl ring to any
extent;
[(5)] (4) Naphthylmethylindenes; meaning
any compound containing a naphthylideneindene structure with substitution at
the 3-position of the indene ring by a alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or
2-(4-morpholinyl) ethyl group whether or not further substituted in the indene
ring to any extent, whether or not substituted in the naphthyl ring to any
extent;
[(6)] (5) Phenylacetylindoles; meaning
any compound containing a 3-phenylacetylindole structure with substitution at
the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or
2-(4-morpholinyl) ethyl group whether or not further substituted in the indole
ring to any extent, whether or not substituted in the phenyl ring to any
extent;
[(7)] (6) Cyclohexylphenols; meaning any
compound containing a 2-(3-hydroxycyclohexyl) phenol structure with
substitution at the 5-position of the phenolic ring by a alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl
or 2-(4-morpholinyl) ethyl group whether or not substituted in the cyclohexyl
ring to any extent;
[(8)] (7) Benzoylindoles; meaning any
compound containing a 3-(benzoyl) indole structure with substitution at the
nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or
2-(4-morpholinyl) ethyl group whether or not further substituted in the indole
ring to any extent and whether or not substituted in the phenyl ring to any
extent;
[(9)] (8) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)
pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone (another trade
name is WIN 55,212-2);
[(10)] (9) (6a,10a)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
(other trade names are: HU-210 and HU-211);
[(11)] (10) Tetramethylcyclopropanoylindoles;
meaning any compound containing a 3-tetramethylcyclopropanoylindole structure
with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl,
1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
tetrahydropyranylmethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the tetramethylcyclopropyl
ring to any extent;
[(12)] (11) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: APINACA, AKB48);
[(13)] (12) Quinolin-8-yl
1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric
isomers, salts, and salts of isomers (Other names: PB-22; QUPIC);
[(14)] (13) Quinolin-8-yl
1-(5fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and
geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-PB-22;
5F-PB-22);
[(15)] (14) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: AB-FUBINACA);
[(16)] (15) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: ADB-PINACA);
[(17)] (16) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: AB-CHMINACA);
[(18)] (17) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: AB-PINACA);
[(19)] (18) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone,
and geometric isomers, salts, and salts of isomers (Other names: THJ-2201);
[(20)] (19) Methyl (1-(4-fluorobenzyl)-1
H-indazole-3-carbonyl)-L-valinate, and geometric isomers, salts, and salts of
isomers (Other names: FUB-AMB);
[(21)] (20) (S)-methyl
2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, and
geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-AMB,
5-fluoro-AMP);
[(22)] (21) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: AKB48 N-(5-fluoropentyl)
analog, 5F-AKB48, APINACA 5-fluoropentyl analog, 5F-APINACA);
[(23)] (22) N-adamantyl-1-fluoropentylindole-3-Carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: STS-135, 5F-APICA;
5-fluoro-APICA);
[(24)] (23) Naphthalen-1-yl
1-(5-fluoropentyl)-1H-indole-3-caboxylate, and geometric isomers, salts, and
salts of isomers (Other names: NM2201); and
[(25)] (24) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: MAB-CHMINACA
and ADB-CHMINACA)."
SECTION 5. Section 706-660, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) A person who has been convicted of a
class B or class C felony for any offense under part IV of chapter 712 may be
sentenced to an indeterminate term of imprisonment; provided that this
subsection shall not apply to sentences imposed under sections 706-606.5,
706-660.1, 712-1240.5, 712-1240.8 as that section was in effect prior to July
1, 2016, 712-1242, 712-1245, [712-1249.5,] 712‑1249.6, 712-1249.7,
and 712-1257.
When ordering a sentence under this subsection, the court shall impose a term of imprisonment, which shall be as follows:
(a) For a class B felony--ten years or less, but not less than five years; and
(b) For a class C felony--five years or less, but not less than one year.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
SECTION 6. Section 712-1240, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "detrimental drug" to read:
""Detrimental drug" means any
substance or immediate precursor defined or specified as a "Schedule V
substance" by chapter 329[, or any marijuana]."
2. By amending the definition of "harmful drug" to read:
""Harmful drug" means any
substance or immediate precursor defined or specified as a "Schedule III
substance" or a "Schedule IV substance" by chapter 329[, or
any marijuana concentrate except marijuana and a substance specified in section
329-18(c)(14)]."
SECTION 7. Section 712-1244, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly:
(a) Possesses one hundred or more capsules or
tablets or dosage units containing one or more of the harmful drugs [or one
or more of the marijuana concentrates, or any combination thereof];
(b) Possesses one or more preparations, compounds,
mixtures, or substances, of an aggregate weight of one ounce or more containing
one or more of the harmful drugs [or one or more of the marijuana
concentrates, or any combination thereof];
(c) Distributes twenty-five or more capsules or
tablets or dosage units containing one or more of the harmful drugs [or one
or more of the marijuana concentrates, or any combination thereof];
(d) Distributes one or more preparations, compounds,
mixtures, or substances, of an aggregate weight of one-eighth ounce or more,
containing one or more of the harmful drugs [or one or more of the marijuana
concentrates, or any combination thereof]; or
(e) Distributes any harmful drug [or any
marijuana concentrate] in any amount to a minor."
SECTION 8. Section 712-1245, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly:
(a) Possesses fifty or more capsules or tablets or
dosage units containing one or more of the harmful drugs [or one or more of
the marijuana concentrates, or any combination thereof];
(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 harmful drugs [or one or more of the marijuana
concentrates, or any combination thereof]; or
(c) Distributes any harmful drug [or any
marijuana concentrate] in any amount."
SECTION 9. Section 712-1246, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of
promoting a harmful drug in the third degree if the person knowingly possesses
twenty-five or more capsules or tablets or dosage units containing one or more
of the harmful drugs [or one or more of the marijuana concentrates, or any
combination thereof]."
SECTION 10. Section 712-1247, Hawaii Revised Statutes, is amended to read as follows:
"§712-1247 Promoting a detrimental drug in the first degree. (1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly:
(a) Possesses four hundred 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 ounce or more, containing one or more of the Schedule V substances;
(c) Distributes fifty or more capsules or tablets containing one or more of the Schedule V substances; or
(d) Distributes 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[;
(e) Possesses one or more preparations,
compounds, mixtures, or substances of an aggregate weight of one pound or more,
containing any marijuana;
(f) Distributes one or more preparations,
compounds, mixtures, or substances of an aggregate weight of one ounce or more,
containing any marijuana;
(g) Possesses, cultivates, or has under
the person's control twenty-five or more marijuana plants; or
(h) Sells or barters any marijuana or any
Schedule V substance in any amount].
(2) Promoting a detrimental drug in the first degree is a class C felony.
[(3) Any marijuana seized as evidence of a
violation of this section in excess of one pound may be destroyed after it has been
photographed and the weight thereof recorded. The remainder of the marijuana
shall remain in the custody of the police department until the termination of
any criminal action brought as a result of the seizure of the marijuana.
Photographs duly identified as accurately representing the marijuana shall be
deemed competent evidence of the marijuana involved and shall be admissible in
any proceeding, hearing, or trial to the same extent as the marijuana itself;
provided that nothing in this subsection shall be construed to limit or to
restrict the application of rule 901 of the Hawaii rules of evidence.]"
SECTION 11. Section 712-1248, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(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; or
[(c) Possesses one or more preparations,
compounds, mixtures, or substances, of an aggregate weight of one ounce or
more, containing any marijuana; or
(d)] (c) Distributes [any marijuana
or] any Schedule V substance in any amount."
SECTION 12. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of
promoting a detrimental drug in the third degree if the person knowingly
possesses [any marijuana or] any Schedule V substance in any amount."
SECTION 13. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Criminal charges may be instituted by written information for a felony when the charge is a class B felony under:
(1) Section 134-7(b) (ownership or possession prohibited, when; penalty);
(2) Section 134-23 (place to keep loaded firearms other than pistols and revolvers; penalties);
(3) Section 134-25 (place to keep pistol or revolver; penalty);
(4) Section 134-26 (carrying or possessing a loaded firearm on a public highway; penalty);
(5) Section 329-43.5 (prohibited acts related to drug paraphernalia);
(6) Section 708-810 (burglary in the first degree);
(7) Section 708-830.5 (theft in the first degree);
(8) Section 708-839.7 (identity theft in the second degree);
(9) Section 708-851 (forgery in the first degree);
(10) Section 708-891.5 (computer fraud in the second degree);
(11) Section 708-892.5 (computer damage in the second degree);
(12) Section 712-1242 (promoting a dangerous drug in the second degree); or
(13) Section 712-1245 (promoting a harmful drug in the
second degree)[; or
(14) Section 712-1249.5 (commercial
promotion of marijuana in the second degree)]."
SECTION 14. Section 712-1249.4, Hawaii Revised Statutes, is repealed.
["[§712-1249.4] Commercial
promotion of marijuana in the first degree. (1) A person commits
the offense of commercial promotion of marijuana in the first degree if the
person knowingly:
(a) Possesses marijuana having an
aggregate weight of twenty-five pounds or more;
(b) Distributes marijuana having an
aggregate weight of five pounds or more;
(c) Possesses, cultivates, or has under
the person's control one hundred or more marijuana plants;
(d) Cultivates on land owned by another
person, including land owned by the government or other legal entity,
twenty-five or more marijuana plants, unless the person has the express
permission from the owner of the land to cultivate the marijuana or the person
has a legal or an equitable ownership interest in the land or the person has a
legal right to occupy the land; or
(e) Uses, or causes to be used, any
firearm or other weapon, device, instrument, material, or substance, whether
animate or inanimate, which in the manner used is capable of causing death,
serious bodily injury, substantial bodily injury, or other bodily injury, as
defined in chapter 707 in order to prevent the theft, removal, search and
seizure, or destruction of marijuana.
(2) Commercial promotion of marijuana in
the first degree is a class A felony.
(3) Any marijuana seized as evidence in
violation of this section in excess of an aggregate weight of twenty-five
pounds as stated in subsection (1)(a), or in excess of an aggregate weight of
five pounds as stated in subsection (1)(b), or in excess of one hundred
marijuana plants as stated in subsection (1)(c), or in excess of twenty-five
marijuana plants as stated in subsection (1)(d) may be destroyed after the
excess amount has been photographed and the number of plants and the weight
thereof has been recorded. The required minimum amount of the marijuana needed
to constitute the elements of this offense shall remain in the custody of the
police until the termination of any criminal action brought as a result of the
seizure of the marijuana. Photographs duly identified as accurately
representing the marijuana shall be deemed competent evidence of the marijuana
involved and shall be admissible in any proceeding, hearing, or trial to the
same extent as the marijuana itself; provided that nothing in this subsection
shall be construed to limit or restrict the application of rule 901 of the
Hawaii rules of evidence."]
SECTION 15. Section 712-1249.5, Hawaii Revised Statutes, is repealed.
["§712-1249.5 Commercial promotion
of marijuana in the second degree. (1) A person commits the
offense of commercial promotion of marijuana in the second degree if the person
knowingly:
(a) Possesses marijuana having an
aggregate weight of two pounds or more;
(b) Distributes marijuana having an
aggregate weight of one pound or more;
(c) Possesses, cultivates, or has under
the person's control fifty or more marijuana plants;
(d) Cultivates on land owned by another
person, including land owned by the government or other legal entity, any
marijuana plant, unless the person has the express permission from the owner of
the land to cultivate the marijuana or the person has a legal or an equitable
ownership interest in the land or the person has a legal right to occupy the
land; or
(e) Sells or barters any marijuana or any
Schedule V substance in any amount to a minor.
(2) Commercial promotion of marijuana in
the second degree is a class B felony.
(3) Any marijuana seized as evidence in
violation of this section in excess of an aggregate weight of two pounds as
stated in subsection (1)(a), or in excess of an aggregate weight of one pound
as stated in subsection (1)(b), or in excess of twenty-five marijuana plants as
stated in subsection (1)(c) may be destroyed after the excess amount has been
photographed and the number of plants and the weight thereof has been
recorded. The required minimum amount of the marijuana needed to constitute
the elements of this offense shall remain in the custody of the police until
the termination of any criminal action brought as a result of the seizure of
the marijuana. Photographs duly identified as accurately representing the
marijuana shall be deemed competent evidence of the marijuana involved and
shall be admissible in any proceeding, hearing, or trial to the same extent as
the marijuana itself; provided that nothing in this subsection shall be
construed to limit or to restrict the application of rule 901 of the Hawaii
rules of evidence."]
SECTION 16. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 17. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 19. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Marijuana; Marijuana Concentrate; Legalization; Personal Use; Cultivation; Sales
Description:
Creates a criminal penalty with respect to the selling or furnishing of intoxicating compounds created from marijuana or marijuana concentrates to minors. Allows the growing of marijuana plants for personal use on lands zoned for residential use or agriculture. Prohibits marijuana use and distribution in conjunction with certain illegal activities. Removes marijuana and tetrahydrocannabinols from the Uniform Controlled Substances Act. Removes certain references to and criminal penalties under the penal code related to marijuana and marijuana concentrates.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
