REPORT TITLE:
Dangerous Drugs


DESCRIPTION:
Mandates substance abuse treatment for substance abuse offenders.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2935
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DANGEROUS DRUGS.



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

 1      SECTION 1.  Section 712-1242, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§712-1242  Promoting a dangerous drug in the second degree.
 
 4 (1)  A person commits the offense of promoting a dangerous drug
 
 5 in the second degree if the person knowingly:
 
 6      (a)  Possesses twenty-five or more capsules, tablets,
 
 7           ampules, dosage units, or syrettes, containing one or
 
 8           more dangerous drugs; or
 
 9      (b)  Possesses one or more preparations, compounds,
 
10           mixtures, or substances of an aggregate weight of:
 
11           (i)  One-eighth ounce or more, containing
 
12                methamphetamine, heroin, morphine, or cocaine or
 
13                any of their respective salts, isomers, and salts
 
14                of isomers; or
 
15          (ii)  One-fourth ounce or more, containing any dangerous
 
16                drug; or
 
17      (c)  Distributes any dangerous drug in any amount.
 
18      (2)  Promoting a dangerous drug in the second degree is a
 
19 class B felony.
 

 
Page 2                                                     2935
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (3)  Notwithstanding any law to the contrary, if the
 
 2 commission of the offense of promoting a dangerous drug in the
 
 3 second degree under this section involved the possession or
 
 4 distribution of methamphetamine, or any of its salts, isomers,
 
 5 and salts of isomers, the person convicted shall be sentenced to
 
 6 an indeterminate term of imprisonment of ten years with a
 
 7 mandatory minimum term of imprisonment, the length of which shall
 
 8 be not less than six months and not greater than five years, at
 
 9 the discretion of the sentencing court.  The person convicted
 
10 shall not be eligible for parole during the mandatory period of
 
11 imprisonment.
 
12      (4) Any person who is convicted under this section shall be
 
13 required to participate in an appropriate drug treatment or
 
14 education program provided pursuant to chapter 353G."
 
15      SECTION 2.  Section 712-1243, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§712-1243  Promoting a dangerous drug in the third degree.
 
18 (1)  A person commits the offense of promoting a dangerous drug
 
19 in the third degree if the person knowingly possesses any
 
20 dangerous drug in any amount.
 
21      (2)  Promoting a dangerous drug in the third degree is a
 
22 class C felony.
 
23 (3)  Notwithstanding any law to the contrary, if the commission
 
24 of the offense of promoting a dangerous drug in the third degree
 

 
Page 3                                                     2935
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 under this section involved the possession or distribution of
 
 2 methamphetamine, or any of its salts, isomers, and salts of
 
 3 isomers, the person convicted shall be sentenced to an
 
 4 indeterminate term of imprisonment of five years with a mandatory
 
 5 minimum term of imprisonment, the length of which shall be not
 
 6 less than thirty days and not greater than two-and-a-half years,
 
 7 at the discretion of the sentencing court.  The person convicted
 
 8 shall not be eligible for parole during the mandatory period of
 
 9 imprisonment.
 
10      (4) Any person who is convicted under this section shall be
 
11 required to participate in an appropriate drug treatment or
 
12 education program provided pursuant to chapter 353G."
 
13      SECTION 3.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 4.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 5.  This Act shall take effect upon its approval.