Bill Text: HI SB472 | 2013 | Regular Session | Amended

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Bill Title: Marijuana; Possession; Civil Penalties

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Engrossed - Dead) 2013-04-03 - Recommitted to JUD with none voting no and Representative(s) Ito excused. [SB472 Detail]

Download: Hawaii-2013-SB472-Amended.html

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THE SENATE	S.B. NO.	472
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII		H.D. 1
		PROPOSED

A BILL FOR AN ACT

 

 

RELATING TO MARIJUANA.

 

 

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

 

     SECTION 1.  Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§329‑    Possession of marijuana.  (a)  Intentional, knowing, or reckless possession of twenty grams or less of marijuana by a person eighteen years of age or older shall constitute a civil violation subject to a fine of $100.

     (b)  Civil fines and penalties for violations under this section shall be deposited by the director of finance to the credit of the state general fund."

     SECTION 2.  Chapter 663, Hawaii Revised Statutes, is amended as follows:

     1.   By adding a new section to part V to be appropriately designated and to read:

     "§663-    Right of Action.  (a)  Any person eighteen years or older who:

     (1)  Sells, furnishes, or provides marijuana to a person under the age of eighteen years; or

     (2)  Owns, occupies, or controls premises on which marijuana is used or consumed by any person under eighteen years of age, and who knows of marijuana use or consumption by persons under eighteen years of age on such premises, and who reasonably could have prohibited or prevented such marijuana use or consumption, shall be liable for all injuries or damages caused by the intoxicated person under eighteen years of age.

     (b)  This section shall not apply to primary caregivers registered with Hawaii’s medical use of marijuana program pursuant to section 329.

     (c)  An intoxicated person under the age of eighteen years who causes an injury or damage shall have no right of action under this part."

     2.   By amending the title of part V to read:

"[[]PART V.[]]  CIVIL ACTION; INTOXICATION OF [PERSONS

UNDER AGE TWENTY-ONE] MINORS"

     SECTION 3.  Section 712-1240, Hawaii Revised Statutes, is amended by amending the definition of "detrimental drug" to read as follows:

     ""Detrimental drug" means any substance or immediate precursor defined or specified as a "Schedule V substance" by chapter 329, or any marijuana[.]; provided that twenty grams or less of marijuana shall not be deemed a detrimental drug for purposes of section 712-1251 or 712-1255."

     SECTION 4.  Section 712-1247, 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 first degree if the person knowingly:

     (a)  Possesses four hundred or more capsules or tablets containing one or more of the Schedule V substances; or

     (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; or

     (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; or

     (e)  Possesses one or more preparations, compounds, mixtures, or substances [of an aggregate weight of one pound or more,] containing [any] more than four hundred twenty six grams of marijuana; or

     (f)  Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of [one ounce or more,] more than twenty grams, containing any marijuana; or

     (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."

     SECTION 5.  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; or

     (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] more than two hundred of grams of marijuana; or

     (d)  Distributes any marijuana or any Schedule V substance in any amount."

     SECTION 6.  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] more than twenty grams of marijuana or any Schedule V substance in any amount."

     SECTION 7.  Section 712-1249.6, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1249.6  Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes.  (1)  A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes if the person knowingly:

     (a)  Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a school, public park, or public housing project or complex;

     (b)  Distributes or possesses with intent to distribute a controlled substance in any amount within seven hundred and fifty feet of the real property comprising a school, public park, or public housing project or complex;

     (c)  Distributes or possesses with intent to distribute a controlled substance in any amount while on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children; or

     (d)  Manufactures methamphetamine or any of its salts, isomers, and salts of isomers, within seven hundred and fifty feet of the real property comprising a school, public park, or public housing project or complex.

     (2)  A person who violates subsection (1)(a), (b), or (c) is guilty of a class C felony.  A person who violates subsection (1)(d) is guilty of a class A felony.

     (3)  Any person with prior conviction or convictions under subsection (1)(a), (b), or (c) is punishable by a term of imprisonment of not less than two years and not more than ten years.

     (4)  Any individual convicted under subsection (3) of this section shall not be eligible for parole until the individual has served the minimum sentence required by such subsection.

     (5)  For purposes of this section, mere possession of marijuana in an amount of twenty grams or less shall not constitute possession with intent to distribute without other conduct indicating intent to distribute.

    [(5)] (6)  For the purposes of this section, "school vehicle" means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section.

    [(6)] (7)  For purposes of this section, "school" means any public or private preschool, kindergarten, elementary, intermediate, middle secondary, or high school.

    [(7)] (8)  For purposes of this section, "public housing project or complex" means a housing project directly controlled, owned, developed, or managed by the Hawaii public housing authority pursuant to the federal or state low-rent public housing program."

     SECTION 8.  Section 712-1250, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1250  Promoting intoxicating compounds.  (1)  A person commits the offense of promoting intoxicating compounds if the person knowingly:

     (a)  Breathes, inhales, or drinks any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes.

     (b)  Sells or offers for sale, delivers or gives to any person under eighteen years of age, unless upon written order of such person's parent or guardian, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, marijuana, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offeror or deliveror knows or has reason to know that such compound is intended for use to induce such condition.

     (2)  Promoting intoxicating compounds is a misdemeanor.

     (3)  This section shall not apply to any person who commits any act described herein pursuant to the direction or prescription of a practitioner, as defined in [the "Hawaii Food, Drug and Cosmetic Act" ( section 328-16).] in section 328-1."

     SECTION 9.  Section 712-1255, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1255  Conditional discharge.  (1)  Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329, except for a civil violation under section 329-   , or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound under section 712‑1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions.  Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.

     (2)  Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person.

     (3)  Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

     (4)  There may be only one discharge and dismissal under this section with respect to any person.

     (5)  After conviction, for any offense under this chapter or chapter 329, except for a conviction of a civil violation under section 329-   , but prior to sentencing, the court shall be advised by the prosecutor whether the conviction is defendant's first or a subsequent offense.  If it is not a first offense, the prosecutor shall file an information setting forth the prior convictions.  The defendant shall have the opportunity in open court to affirm or deny that the defendant is identical with the person previously convicted.  If the defendant denies the identity, sentence shall be postponed for such time as to permit the trial, before a jury if the defendant has a right to trial by jury and demands a jury, on the sole issue of the defendant's identity with the person previously convicted.

     (6)  For purposes of this section, a conviction for one or more civil violations under section 329-    shall not constitute a prior offense making a conditional discharge described in this section unavailable to the defendant."

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

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Marijuana; Possession; Civil Penalties

 

Description:

Makes is a civil violation to possess twenty grams or less of marijuana subject to a fine of $100.  Establishes a cause of action for those injured by a minor intoxicated by marijuana against an adult who provided the marijuana.  Makes conforming amendments to the penal code.  Effective July 1, 2050.  (PROPOSED SB472 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.