HRS 0329-0043_0005 ANNOTATIONS
Cross References
Sale of sterile syringes for the prevention of disease, see §325-21.
Forfeitures, see §329-55.
Case Notes
Legislature intended to impose penal sanctions for constructive and actual possession of contraband items. 8 H. App. 610, 822 P.2d 23.
In a prosecution under subsection (b): of a merchant, jury should be instructed that it must first find that the defendant-seller delivered the object(s) in question to the buyer with the specific intent that the object(s) be used with illegal drugs; trial court should provide jury with an instruction enumerating all fourteen factors listed in the statutory definition of drug paraphernalia. 75 H. 80, 856 P.2d 1246.
Subsection (b): not void for vagueness; contains mens rea requirement of "intentionally"; mere fact that the buyer is actually an undercover police officer, which fact is unknown to the defendant, cannot render it "factually and legally" impossible that the defendant should reasonably have known that the items sold would be used with illegal drugs. 75 H. 80, 856 P.2d 1246.
No error in court failing to dismiss count against defendant for possessing "everyday household items not intended or designed for use as drug paraphernalia" as broad definition of drug paraphernalia and multiple examples of such contraband enumerated in §329-1 weighed against defendant's contention that the ordinary nature of the containers defendant possessed did not involve the harm or evil sought to be avoided under this section or amounted to extenuations that would not have been envisioned by the legislature. 98 H. 196, 46 P.3d 498.
Insufficient evidence to support jury's verdict that defendant possessed scale with intent to use it for any of the purposes stated in subsection (a). 92 H. 472 (App.), 992 P.2d 741.