Bill Text: HI HB2584 | 2018 | Regular Session | Introduced
Bill Title: Relating To Marijuana Decriminalization.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-29 - Referred to JUD, FIN, referral sheet 9 [HB2584 Detail]
Download: Hawaii-2018-HB2584-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2584 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to marijuana decriminalization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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-napthalenylmethanone (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); and
[(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-carboxylate, and geometric isomers, salts, and salts of isomers (Other names: NM2201);
[(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); and
[(26)] (25) Methyl
2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (Other names:
5F-ADB, 5-flouro-ADB, and 5F-MDMB-PINACA), its optical, positional, and
geometric isomers, salts, and salts of isomers."
SECTION 2. 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 3. 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 4. 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 5. 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 6. 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;
(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; or
[(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)] (e)
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 7. 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 8. 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 9. Section 712A-4, Hawaii Revised Statutes, is amended to read as follows:
"§712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are:
(a) All offenses that specifically authorize forfeiture;
(b) Murder, kidnapping, labor trafficking,
gambling, criminal property damage, robbery, bribery, extortion, theft,
unauthorized entry into motor vehicle, burglary, money laundering, trademark
counterfeiting, insurance fraud, promoting a dangerous, harmful, or detrimental
drug, [commercial promotion of marijuana,] methamphetamine trafficking,
manufacturing of a controlled substance with a child present, promoting child
abuse, promoting prostitution, sex trafficking, solicitation of a minor for
prostitution, habitual solicitation of prostitution, or electronic enticement
of a child that is chargeable as a felony offense under state law;
(c) The manufacture, sale, or distribution of a controlled substance in violation of chapter 329, promoting detrimental drugs or intoxicating compounds, promoting pornography, promoting pornography for minors, or solicitation of prostitution near schools or public parks, which is chargeable as a felony or misdemeanor offense, but not as a petty misdemeanor, under state law; and
(d) The attempt, conspiracy, solicitation, coercion, or intimidation of another to commit any offense for which property is subject to forfeiture."
SECTION 10. 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 11. 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 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Marijuana; Decriminalization
Description:
Repeals criminal prohibitions and penalties pertaining to marijuana.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
