As suspect classification or fundamental right was not involved, and based upon dissimilar statutory treatment generally accorded to possession of marijuana as opposed to alcohol, where there was a rational basis for dissimilar punishment, section did not violate defendant’s equal protection right because it imposed a more severe penalty for marijuana possession than for alcohol possession under §710-1023. 92 H. 217 (App.), 990 P.2d 115.

Section 710-1023(1)(b) (1993) is a lesser included offense of subsection (2)(b). 92 H. 217 (App.), 990 P.2d 115.