Bill Text: HI SB1460 | 2012 | Regular Session | Amended

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Bill Title: Marijuana; Civil Penalties for Possession of One Ounce or Less

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1460 Detail]

Download: Hawaii-2012-SB1460-Amended.html

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STAND. COM. REP. NO. 555

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1460

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 1460, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO MARIJUANA,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to decriminalize possession of one ounce or less of marijuana by establishing a civil violation fine of not more than $100 for possession of that amount.

 

     Your Committee received comments in support of this measure from Major Neill Franklin, Law Enforcement Against Prohibition; Pamela Lichty, President, The Drug Policy Action Group; Matthew Rifkin, Vice President, Peaceful Sky Alliance; Jeanne Ohta, Executive Director, The Drug Policy Forum of Hawaii; and sixty-eight individuals.

 

     Your Committee received comments in opposition to this measure from Mark K. Miyahira, Deputy Attorney General, Department of the Attorney General; Department of the Prosecuting Attorney, City and County of Honolulu; and the Office of the Prosecuting Attorney, County of Hawaii.

 

     Your Committee received comments on this measure from Rodney A. Maile, Administrative Director of the Courts, Judiciary; Tax Foundation of Hawaii; and two individuals.

 

     Your Committee finds that the costs associated with criminal prosecution for possession of small amounts of marijuana are extremely high in relation to the benefits of prosecuting those offenses.  Your Committee further finds that the establishment of a civil penalty not to exceed $100 for possession of one ounce or less of marijuana, and a corresponding adjudicatory process for these violations, would greatly reduce the costs for prosecution and enforcement of marijuana possession while increasing fines collected for this violation.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1460, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

		____________________________ DAVID Y. IGE, Chair