HB 891: RELATING TO MARIJUANA.

A BILL FOR AN ACT

relating to marijuana.

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

     SECTION 1.  Section 329-43.5, Hawaii Revised Statutes, is amended to read as follows:

     "§329-43.5  Prohibited acts related to drug paraphernalia.  (a)  Except as provided in [subsection] subsections (e)[,] and (f), it [is] shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.  A violation of this subsection shall constitute a violation subject to a fine of no more than $500.

     (b)  Except as provided in subsection (e), it [is] shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.  A violation of this subsection shall constitute a violation subject to a fine of no more than $500.

     (c)  Any person eighteen years of age or [over] older who violates subsection (b) by delivering drug paraphernalia to a person or persons under eighteen years of age who are at least three years younger than that adult person [is] shall be guilty of a class B felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640.

     (d)  It [is] shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.  Any person who violates this section [is] shall be guilty of a class C felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640.

     (e)  Subsections (a) and (b) shall not apply to a person who is authorized to:

     (1)  Acquire, possess, cultivate, use, distribute, or transport cannabis pursuant to the definition of "medical use" under section 329-121, while the person is facilitating the medical use of cannabis by a qualifying patient; or

     (2)  Dispense, manufacture, or produce cannabis or manufactured cannabis products pursuant to and in compliance with chapter 329D, while the person is facilitating the medical use of cannabis by a qualifying patient pursuant to part IX of chapter 329.

     (f)  Subsection (a) shall not apply to the possession of drug paraphernalia to:

     (1)  Store, contain, or conceal; or

     (2)  Inject, ingest, inhale, or otherwise introduce into the human body,

marijuana."

     SECTION 2.  Section 712-1246.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Promoting a harmful drug in the fourth degree [is] shall be a misdemeanor[.]; provided that:

     (a)  Possession of one or more preparations, compounds, mixtures, or substances containing more than five grams of marijuana concentrate shall be a petty misdemeanor; and

     (b)  Possession of one or more preparations, compounds, mixtures, or substances containing up to or equal to five grams of marijuana concentrate shall be a violation, punishable by a fine of $25.

A person found responsible for a violation under this section may request, and shall be granted, a penalty of up to two hours of community service in lieu of a fine."

     SECTION 3.  Section 712-1249, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1249  Promoting a detrimental drug in the third degree.  (1)  A person commits the offense of promoting a detrimental drug in the third degree if [the]:

     (a)  The person knowingly possesses any marijuana or any Schedule V substance in any amount[.]; or

     (b)  Smokes marijuana in a public place.

     (2)  Promoting a detrimental drug in the third degree [is] shall be a petty misdemeanor; provided that [possession of three grams or less of]:

     (a)  Possession of one or more preparations, compounds, mixtures, or substances, of an aggregate weight of:

          (i)  Up to one ounce, containing any marijuana [is]; or

         (ii)  Within a person's private residence only, up to ten ounces, containing any marijuana produced by the person's personal cultivation of marijuana; provided that at any private residence, regardless of the number of people residing there, the total amount of preparations, compounds, mixtures, or substances containing any marijuana shall not exceed an aggregate weight of two pounds,

          shall be a violation, punishable by a fine of [$130.] $25.  A person found responsible for a violation under this section may request, and shall be granted, a penalty of up to two hours of community service in lieu of a fine; and

     (b)  Smoking marijuana in a public place shall be a violation, punishable by a fine of up to $130.  A person found responsible for a violation under this paragraph may request, and shall be granted, a penalty of up to ten hours of community service in lieu of a fine."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Marijuana; Marijuana Concentrate; Decriminalization

Description:

Decriminalizes the possession of drug paraphernalia relating to marijuana; possession of a certain amount of marijuana concentrate; and the possession of a certain amount of marijuana and smoking of marijuana in a public place.  Lowers the criminal penalty for the possession of a certain amount of marijuana concentrate from a misdemeanor to a petty misdemeanor.

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