REPORT TITLE: 
Crystal methamphetamine;
increased penalties
DESCRIPTION:
Increases the criminal penalties for possession, distribution, or
manufacture of crystal methamphetamine from one year to three
years and four months for a first degree offense; from six months
to one year and eight months for a second degree offense; and
from thirty days to ten months for a third degree offense. Also
provides for the forfeiture of property of distributors and
manufacturers.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE WAR AGAINST CRYSTAL METHAMPHETAMINE.



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


 1      SECTION 1.  This bill is intended to deter the use,
 
 2 distribution and manufacture of crystal methamphetamine.   The
 
 3 use, distribution, and manufacture of crystal methamphetamine
 
 4 better known locally as "ice or Batu," is the most insidious and
 
 5 worst drug problem facing Hawaii today.  Crystal methamphetamine
 
 6 affects not only the user, but the user's children, friends,
 
 7 neighbors, family.  It pollutes the environment with the
 
 8 chemicals used in its manufacture.  It is not like any other
 
 9 drug.  The generic use of the term "drug abuse or substance" to
 
10 describe the drug by government agencies, "experts," etc. in the
 
11 field demonstrate a lack of understanding of the debilitating and
 
12 devastating nature of the drug.
 
13      Crystal methamphetamine stimulates the central nervous
 
14 system and is extremely addictive, producing a severe craving for
 
15 the drug.  The effects may last anywhere from 8 to 24 hours.  Its
 
16 short term effects include increased alertness, sense of well-
 
17 being, paranoia, intense high, hallucinations, aggressive
 
18 behavior, increased heart rate, convulsions, extreme rise in body
 
19 temperature, violent behavior, insomnia, impaired speech, dry,
 

 
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 1 itchy skin, loss of appetite, acne, sores, and numbness.
 
 2      Its effects on the mind include disturbed sleep, excessive
 
 3 excitation, excessive talking, panic, anxiousness, nervousness,
 
 4 moodiness and irritability, false sense of confidence and power,
 
 5 delusions of grandeur leading to aggressive behavior, disinterest
 
 6 in friends, sex, or food, aggressive and violent behavior, and
 
 7 severe depression.
 
 8      Its long term effects include fatal kidney and lung
 
 9 disorders, possible brain damage, depression, hallucinations,
 
10 permanent psychological problems, violent and aggressive
 
11 behavior, weight loss, insomnia, behavior resembling paranoid
 
12 schizophrenia, malnutrition, poor coping abilities, disturbance
 
13 of personality development, lowered resistance to illnesses,
 
14 liver damage, stroke, and death.
 
15      The effects of crystal methamphetamine are not only long
 
16 lasting, but continue to cause damage to the user long after use
 
17 has stopped.  It can be easily manufactured in Hawaii using legal
 
18 chemicals.  "Ice" does damage to the brain stem and limbic
 
19 systems, the part of the brain responsible for our strongest and
 
20 most primary emotions: rage, lust, despair, hunger, terror.  It
 
21 triggers violent behavior.
 
22      Crystal methamphetamine arrived in Hawaii with a vengeance
 
23 in the mid-1980's, following the boom and bust cycles of
 

 
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 1 marijuana and then cocaine.  However, "ice" has never left.  
 
 2      All available figures point to increasing "ice" use in
 
 3 Hawaii.  By conservative estimates ice costs the state about
 
 4 $10,000 per month in emergency room treatments.  Add to this the
 
 5 costs of psychiatric hospitalizations, and the figure becomes
 
 6 inestimable.
 
 7      Crystal methamphetamine is associated with the rise of
 
 8 violent crime in Hawaii.  Hawaii has been designated by the
 
 9 federal government as one of the nation's "high intensity drug-
 
10 trafficking areas (HIDTA)."
 
11      Despite the efforts of such past and present programs as
 
12 Drug Policy Forum, the Community Alliance on Prisons, Government
 
13 Efficiency Team, and others, working together to provide
 
14 treatment and alternative sanctions for drug offenders, violent
 
15 crime related to dangerous drugs, particularly, crystal
 
16 methamphetamine is on the rise.
 
17      Rehabilitation is not the solution to this epidemic.  Users
 
18 of crystal methamphetamine usually return to the drug after
 
19 rehabilitation.
 
20      The purpose of this bill is to attack the problem at its
 
21 source, the distribution and manufacture, by increasing the
 
22 criminal penalties and providing for the forfeiture, seizure and
 
23 auctioning of property owned by the distributor and manufacturer.
 

 
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 1      SECTION 2.  Section 712-1241, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§712-1241  Promoting a dangerous drug in the first degree.
 
 4 (1)  A person commits the offense of promoting a dangerous drug
 
 5 in the first degree if the person knowingly:
 
 6      (a)  Possesses one or more preparations, compounds,
 
 7           mixtures, or substances of an aggregate weight of:
 
 8           (i)  One ounce or more, containing methamphetamine,
 
 9                heroin, morphine, or cocaine or any of their
 
10                respective salts, isomers, and salts of isomers;
 
11                or
 
12          (ii)  One and one-half ounce or more, containing one or
 
13                more of any of the other dangerous drugs; or
 
14      (b)  Distributes:
 
15           (i)  Twenty-five or more capsules, tablets, ampules,
 
16                dosage units, or syrettes containing one or more
 
17                dangerous drugs; or
 
18          (ii)  One or more preparations, compounds, mixtures, or
 
19                substances of an aggregate weight of:
 
20                (A)  One-eighth ounce or more, containing
 
21                     methamphetamine, heroin, morphine, or cocaine
 
22                     or any of their respective salts, isomers,
 
23                     and salts of isomers; or
 

 
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 1                (B)  Three-eighths ounce or more, containing any
 
 2                     other dangerous drug;
 
 3      (c)  Distributes any dangerous drug in any amount to a
 
 4           minor; or
 
 5      (d)  Manufactures a dangerous drug in any amount; provided
 
 6           that this subsection shall not apply to any person
 
 7           registered under section 329-32.
 
 8      (2)  Promoting a dangerous drug in the first degree is a
 
 9 class A felony.
 
10      (3)  Notwithstanding any law to the contrary, if the
 
11 commission of the offense of promoting a dangerous drug in the
 
12 first degree under this section involved the possession,
 
13 distribution, or manufacture of methamphetamine, or any of its
 
14 salts, isomers, and salts of isomers, the person convicted shall
 
15 be sentenced to an indeterminate term of imprisonment of twenty
 
16 years with a mandatory minimum term of imprisonment, the length
 
17 of which shall be not less than [one year]three years and four
 
18 months and not greater than ten years, at the discretion of the
 
19 sentencing court for a conviction under subsection (1)(a),
 
20 (1)(b), or (1)(c) and not less than ten years for a conviction
 
21 under subsection (1)(d).  The person convicted shall not be
 
22 eligible for parole during the mandatory term of imprisonment.
 
23      (4)  In addition to the penalties herein, the personal and
 

 
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 1 real property of any person who distributes or manufactures
 
 2 methamphetamine shall be forfeited, seized, and auctioned by the
 
 3 appropriate agency and the net proceeds thereof shall be
 
 4 deposited into a victim's compensation special fund for the sole
 
 5 benefit of any victim adversely affected by such conduct.  For
 
 6 purposes of this subsection, the special fund shall be
 
 7 administered by the county prosecutor's office."
 
 8      SECTION 3.  Section 712-1242, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§712-1242  Promoting a dangerous drug in the second degree.
 
11 (1)  A person commits the offense of promoting a dangerous drug
 
12 in the second degree if the person knowingly:
 
13      (a)  Possesses twenty-five or more capsules, tablets,
 
14           ampules, dosage units, or syrettes, containing one or
 
15           more dangerous drugs; or
 
16      (b)  Possesses one or more preparations, compounds,
 
17           mixtures, or substances of an aggregate weight of:
 
18           (i)  One-eighth ounce or more, containing
 
19                methamphetamine, heroin, morphine, or cocaine or
 
20                any of their respective salts, isomers, and salts
 
21                of isomers; or
 
22          (ii)  One-fourth ounce or more, containing any dangerous
 
23                drug; or
 

 
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 1      (c)  Distributes any dangerous drug in any amount.
 
 2      (2)  Promoting a dangerous drug in the second degree is a
 
 3 class B felony.
 
 4      (3)  Notwithstanding any law to the contrary, if the
 
 5 commission of the offense of promoting a dangerous drug in the
 
 6 second degree under this section involved the possession or
 
 7 distribution of methamphetamine, or any of its salts, isomers,
 
 8 and salts of isomers, the person convicted shall be sentenced to
 
 9 an indeterminate term of imprisonment of ten years with a
 
10 mandatory minimum term of imprisonment, the length of which shall
 
11 be not less than [six months] one year and eight months and not
 
12 greater than five years, at the discretion of the sentencing
 
13 court.  The person convicted shall not be eligible for parole
 
14 during the mandatory period of imprisonment.
 
15      (4)  In addition to the penalties assessed herein, the
 
16 personal and real property of any person who distributes or
 
17 manufactures methamphetamine shall be forfeited, seized, and
 
18 auctioned by the appropriate agency and the proceeds thereof
 
19 shall be deposited into a victim's compensation special fund for
 
20 the sole benefit of any victim adversely affected by such
 
21 conduct.  For purposes of this subsection, the special fund shall
 
22 be administered by the county prosecutor's office."
 
23      SECTION 4.  Section 712-1243, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "§712-1243  Promoting a dangerous drug in the third degree.
 
 3 (1)  A person commits the offense of promoting a dangerous drug
 
 4 in the third degree if the person knowingly possesses any
 
 5 dangerous drug in any amount.
 
 6      (2)  Promoting a dangerous drug in the third degree is a
 
 7 class C felony.
 
 8      (3)  Notwithstanding any law to the contrary, if the
 
 9 commission of the offense of promoting a dangerous drug in the
 
10 third degree under this section involved the possession or
 
11 distribution of methamphetamine, the person convicted shall be
 
12 sentenced to an indeterminate term of imprisonment of five years
 
13 with a mandatory minimum term of imprisonment, the length of
 
14 which shall be not less than [thirty days] ten months and not
 
15 greater than two-and-a-half years, at the discretion of the
 
16 sentencing court.  The person convicted shall not be eligible for
 
17 parole during the mandatory period of imprisonment.
 
18      (4)  In addition to the penalties assessed herein, the
 
19 personal property of any person who distributes methamphetamine
 
20 shall be forfeited, seized, and auctioned by the appropriate
 
21 agency and the proceeds thereof shall be deposited into the
 
22 Victim's Compensation Fund for the sole benefit of any victim
 
23 adversely affected by such conduct."
 

 
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 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6.  This Act shall take effect upon its approval.
 
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