HRS 0712-1240_0001 ANNOTATIONS

Act 137, Session Laws 1977, added this section to provide a defense for the lawful possession or distribution of drugs by authorized persons. In enacting the section, the legislature found that the law as then worded made any possession or distribution of drugs criminal. Senate Standing Committee Report No. 1127, House Standing Committee Report No. 683.

Act 228, Session Laws 2000, in permitting the medical use of marijuana by persons with certain medical conditions, amended this section to include an affirmative defense for the medical use of marijuana. Senate Standing Committee Report No. 2760.

Legislature intended section as a defense rather than element of an offense. 64 H. 568, 645 P.2d 308.