HRS 0712-1240 ANNOTATIONS

Drug demand reduction assessments (expires June 30, 2004). L 1995, c 205; L 1996, c 7, §1; L 1998, c 152, §3; L 2001, c 116, §1.

Industrial hemp research; affirmative defense for the possession or cultivation of marijuana (repealed June 30, 2005). L 1999, c 305; L 2002, c 55.

Marijuana Prohibition in Hawaii. 13 HBJ No. 3 Fall 1977, pg. 9.

Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

Money laundering, see chapter 708A.

When a statute proscribes a substance as harmful, presumption of constitutionality applies although scientific views on harm are conflicting. This rule applies to marijuana cases. 56 H. 271, 535 P.2d 1394.

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ANNOTATIONS ABOVE RELATE TO ARTICLE, CHAPTER, OR PART HEADING;

ANNOTATIONS BELOW ARE FOR SECTION ONLY.

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This section provides definitions of terms used throughout this Part. The definitions are discussed, when an explanation is needed, in the commentary on the following sections.

The Code made several changes to the recommendations of the proposed draft for this section. It redefined "dangerous drug", and added definitions of such new terms as "harmful drug", "detrimental drug", "immediate precursor", "intoxicating compounds", "practitioner", and "to distribute". Concurrently, the Code eliminated the proposed draft's definitions of the terms "narcotic drug" and "to dispense". The Code also changed the draft's definition of the word "unlawfully". Instead of "narcotic drug and dangerous drug", the term concerned is "a Schedule I, II, III, IV, or V substance", as well as marijuana, marijuana concentrates, and intoxicating compounds.

Act 163, Session Laws 1975, amended this section in two respects. The word "unlawfully" was deleted from the list of definitions and from every other section in this part where it was made an element of an offense. The legislature found that the inclusion of this element required the prosecution to prove a negative without being able to compel the accused to testify. It was found that this was a practical impossibility and accordingly it has been eliminated as an element of every offense in this part. Senate Standing Committee Report No. 590.

The legislature also amended the definition of marijuana so as to indicate that the entire genus cannabis was to be included in the term and not merely cannabis sativa.

Act 112, Session Laws 1979, amended this section by adding the broadly defined term "dosage unit." The legislature found that drugs, while commonly sold in tablets, capsules, or other forms covered by existing drugs laws, are also distributed and sold in forms which are not covered. The legislature believed that these amendments would lessen the promotion of dangerous drugs within the State. Conference Committee Report No. 41.

Act 122, Session Laws 1984, added the definition of intoxicating liquor because of the inclusion of a new section prohibiting adults from promoting intoxicating liquor to a minor.

Act 356, Session Laws 1987, added "and section 712-1242" to the definition of "dosage unit", for the purpose of conformity between sections 712-1241 and 712-1242. House Standing Committee Report No. 480.

Act 319, Session Laws 1997, amended this section by defining "manufacture". The legislature found that the growing problem of manufacturing dangerous drugs in Hawaii posed a significant problem to law enforcement officials given the lack of powerful sanctions under current law. The legislature believed it was imperative to establish an aggressive policy for penalizing the manufacture, sale, and distribution of dangerous drugs. Senate Standing Committee Report No. 770, House Standing Committee Report No. 1651.

One who acts as buyer's agent to purchase drug with buyer's funds does not commit offense of "selling" the drug. 60 H. 8, 586 P.2d 1022.

"To distribute" does not include "to buy" or "to offer to buy". 78 H. 317, 893 P.2d 168.

Charge of possession of "marijuana concentrate hashish" established by presence of THC and absence of marijuana plant; fact that commonly accepted connotation of "concentrate" is that of more powerful substance is irrelevant for purposes of section; section not unconstitutionally vague. 4 H. App. 79, 661 P.2d 1206.