THE SENATE	S.B. NO.	2361
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO MARIJUANA DECRIMINALIZATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legal history of cannabis or marijuana in the United States primarily addresses the regulation of marijuana for medical use, and secondarily the use of marijuana for personal or recreational purposes.  By the mid-1930s cannabis was regulated as a drug in every state, including thirty-five states that adopted the Uniform State Narcotic Drug Act which was subsequently replaced in 1970 with the federal Uniform Controlled Substances Act, which classifies marijuana and tetrahydrocannabinol as schedule I controlled substances.

     Notwithstanding the prospect of federal prosecution, several states, including Hawai‘i, have enacted medical marijuana laws.  Chapter 329, part IX, Hawai‘i Revised Statutes, was enacted to create a medical use of marijuana exemption from criminal sanctions.  Other jurisdictions, such as Alaska, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Delaware, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Vermont, West Virginia, and Washington, also allow the use of marijuana for medicinal purposes.  Furthermore, chapter 329D, Hawai‘i Revised Statutes, was enacted to establish medical marijuana dispensaries that were authorized to operate beginning in July 2016.  As Hawai‘i expands its medical marijuana program through the use of highly regulated and monitored dispensaries, more patients are anticipated to consider medical marijuana as a viable treatment, knowing that the medicine will be regulated and tested.

     In addition to medicinal marijuana laws, some states have legalized or decriminalized marijuana.  Most places that have decriminalized cannabis have civil fines, confiscation, drug education, or drug treatment in place of incarceration or criminal charges for possession of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement.  The states of Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, Michigan Minnesota, Mississippi, Missouri, Nebraska, Nevada, New York, North Carolina, Ohio, Oregon, Rhode Island, Vermont, and Washington have decriminalized marijuana in small amounts.  In each of these states, marijuana users no longer face arrest or jail time for the possession or use of marijuana in an amount permitted by statute.

     The legislature further finds that the legalization of marijuana for personal or recreational use is a natural, logical, and reasonable outgrowth of the current science of marijuana and attitude toward marijuana.  In 2012, voters in Colorado voted to amend the state's constitution (Amendment 64) to legalize and regulate the production, possession, and distribution of marijuana for persons age twenty-one and older.  Also in 2012, voters in Washington approved a proposition to legalize and regulate the production, possession, and distribution of cannabis for persons age twenty-one and older.  Colorado became the first state to remove the prohibition on commercial production of marijuana for general use.  Colorado realized state tax revenue of approximately $18,900,000 during the first half of 2014, and this revenue is expected to increase as sales of retail marijuana increase.  Following Colorado and Washington's lead, Alaska, California, Massachusetts, Oregon, and Vermont passed legislation to also legalize and regulate the production, possession, and distribution of cannabis for persons age twenty-one and older.

     The legislature further finds that marijuana cultivation and sales hold potential for economic development, increased tax revenues, and reduction in crime.

     The purpose of this Act is to repeal criminal prohibitions and penalties pertaining to marijuana.

     SECTION 2.  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/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-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);

   [(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; and

   [(27)] (26)  1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)indazole-3-carboxamide (CUMYL-4CN-BINACA), its optical, positional, and geometric isomers, salts, and salts of isomers; also known as SGT-78, 4-CN-CUMYL-BINACA; CUMYL-CB-PINACA; CUMYL-CYBINACA; 4-cyano CUMYL-BUTINACA."

     SECTION 3.  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 4.  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 5.  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 6.  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 7.  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;

     [(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 8.  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)] Distributes any [marijuana or any] Schedule V substance in any amount."

     SECTION 9.  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 10.  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 11.  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 12.  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 13.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 14.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 15.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

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.