SB 279: RELATING TO DANGEROUS DRUGS.

A BILL FOR AN ACT

RELATING TO DANGEROUS DRUGS.

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

     SECTION 1.  Section 712-1241, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly:

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

          (i)  One ounce or more, containing methamphetamine, heroin, morphine, fentanyl, or cocaine or any of their respective salts, isomers, and salts of isomers; or

         (ii)  One and one-half ounce or more, containing one or more of any of the other dangerous drugs;

     (b)  Distributes:

          (i)  Twenty-five or more capsules, tablets, ampules, dosage units, or syrettes containing one or more dangerous drugs; or

         (ii)  One or more preparations, compounds, mixtures, or substances of an aggregate weight of:

              (A)  One-eighth ounce or more, containing methamphetamine, heroin, morphine, fentanyl, or cocaine or any of their respective salts, isomers, and salts of isomers; or

              (B)  Three-eighths ounce or more, containing any other dangerous drug;

     (c)  Distributes any dangerous drug in any amount to a minor except for methamphetamine; or

     (d)  Manufactures a dangerous drug in any amount, except for methamphetamine; provided that this subsection shall not apply to any person registered under section 329-32."

     SECTION 2.  Section 712-1242, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of promoting a dangerous drug in the second degree if the person knowingly:

     (a)  Possesses twenty-five or more capsules, tablets, ampules, dosage units, or syrettes, containing one or more dangerous drugs;

     (b)  Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:

          (i)  One-eighth ounce or more, containing methamphetamine, heroin, morphine, fentanyl, or cocaine or any of their respective salts, isomers, and salts of isomers; or

         (ii)  One-fourth ounce or more, containing any dangerous drug; or

     (c)  Distributes any dangerous drug in any amount."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Honolulu Prosecuting Attorney Package; Criminal Offenses; Offenses Relating to Drugs and Intoxicating Compounds; Fentanyl

Description:

Conforms fentanyl to the possession offense thresholds for methamphetamine, heroin, morphine, and cocaine.

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

STAND. COM. REP. NO. 813

Honolulu, Hawaii

RE:    S.B. No. 279

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 279 entitled:

"A BILL FOR AN ACT RELATING TO DANGEROUS DRUGS,"

begs leave to report as follows:

     The purpose and intent of this measure is to conform fentanyl to the possession offense thresholds for methamphetamine, heroin, morphine, and cocaine.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, Office of the Prosecuting Attorney of the County of Hawaii, one member of the Kauaʻi County Council, and one individual.

     Your Committee finds that the Uniform Controlled Substances Act classifies fentanyl as a dangerous drug, and in recent years fentanyl has emerged as a serious public health threat and law enforcement challenge.  In 2022, synthetic opioids, primarily illicit fentanyl, represented more than two-thirds of drug overdose deaths nationwide.  This measure will combat the increasing prevalence of fentanyl by targeting fentanyl distributors and those possessing amounts highly corroborative of intent to distribute.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 279 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,