REPORT TITLE:
Drugs


DESCRIPTION:
Clarifies that possessing 1/4 ounce or more, containing 1 or more
of any of the other dangerous drugs constitutes promoting a
dangerous drug 2nd.  Clarifies manner in which a person
"distributes" a drug within the context of promoting a
detrimental drug 2nd.  Eliminates exceptions relating to land for
commercial promotion of marijuana.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           916
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DRUGS.



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

 1      SECTION 1.  Section 329-14, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (d) to read as follows:
 
 3      "(d)  Any material, compound, mixture, or preparation that
 
 4 contains any quantity of the following hallucinogenic substances,
 
 5 their salts, isomers, and salts of isomers, unless specifically
 
 6 excepted, whenever the existence of these salts, isomers, and
 
 7 salts of isomers is possible within the specific chemical
 
 8 designation:
 
 9      (1)  Alpha-ethyltryptamine (AET);
 
10      (2)  2,5-dimethoxy-4-ethylamphet-amine (DOET);
 
11      (3)  2,5-dimethoxyamphetamine (2,5-DMA);
 
12      (4)  3,4-methylenedioxy amphetamine;
 
13      (5)  3,4-methylenedioxymethamphetamine (MDMA);
 
14      (6)  N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-
 
15           MDA);
 
16      (7)  3,4-methylenedioxy-N-ethylamphetamine (MDE);
 
17      (8)  5-methoxy-3,4-methylenedioxy-amphetamine;
 
18      (9)  4-bromo-2,5-dimethoxy-amphetamine (4-bromo-2,5-DMA);
 
19     (10)  4-Bromo-2,5-dimethoxyphenethylamine (Nexus);
 

 
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                                     S.B. NO.           916
                                                        
                                                        

 
 1     (11)  3,4,5-trimethoxy amphetamine;
 
 2     (12)  Bufotenine;
 
 3     (13)  4-methoxyamphetamine (PMA);
 
 4     (14)  Diethyltryptamine;
 
 5     (15)  Dimethyltryptamine;
 
 6     (16)  4-methyl-2,5-dimethoxy-amphetamine;
 
 7     (17)  Gamma [hydroxybuterate] hydroxybutyrate (GHB);
 
 8     (18)  Ibogaine;
 
 9     (19)  Lysergic acid diethylamide;
 
10     (20)  Marijuana;
 
11     (21)  Parahexyl;
 
12     (22)  Mescaline;
 
13     (23)  Peyote;
 
14     (24)  N-ethyl-3-piperidyl benzilate;
 
15     (25)  N-methyl-3-piperidyl benzilate;
 
16     (26)  Psilocybin;
 
17     (27)  Psilocyn;
 
18     (28)  1-[1-(2-Thienyl)cyclohexyl] Pyrrolidine (TCPy);
 
19     (29)  Tetrahydrocannabinols;
 
20     (30)  Ethylamine analog of phencyclidine (PCE);
 
21     (31)  Pyrrolidine analog of phencyclidine (PCPy, PHP);
 
22     (32)  Thiophene analog of phencyclidine (TPCP; TCP)."
 

 
 
 
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                                     S.B. NO.           916
                                                        
                                                        

 
 1      SECTION 2.  Section 712-1242, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  A person commits the offense of promoting a dangerous
 
 4 drug in the second degree if the person knowingly:
 
 5      (a)  Possesses twenty-five or more capsules, tablets,
 
 6           ampules, dosage units, or syrettes, containing one or
 
 7           more dangerous drugs; or
 
 8      (b)  Possesses one or more preparations, compounds,
 
 9           mixtures, or substances of an aggregate weight of:
 
10           (i)  One-eighth ounce or more, containing
 
11                methamphetamine, heroin, morphine, or cocaine or
 
12                any of their respective salts, isomers, and salts
 
13                of isomers; or
 
14          (ii)  One-fourth ounce or more, containing one or more
 
15                of any of the other dangerous [drug;] drugs; or
 
16      (c)  Distributes any dangerous drug in any amount."
 
17      SECTION 3.  Section 712-1248, Hawaii Revised Statutes, is
 
18 amended by amending subsection (1) to read as follows:
 
19      "(1)  A person commits the offense of promoting a
 
20 detrimental drug in the second degree if the person knowingly:
 
21      (a)  Possesses fifty or more capsules or tablets containing
 
22           one or more of the [Schedule] schedule V substances;
 

 
 
 
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                                     S.B. NO.           916
                                                        
                                                        

 
 1           [or]
 
 2      (b)  Possesses one or more preparations, compounds,
 
 3           mixtures, or substances, of an aggregate weight of one-
 
 4           eighth ounce or more, containing one or more of the
 
 5           [Schedule] schedule V substances; [or]
 
 6      (c)  Possesses one or more preparations, compounds,
 
 7           mixtures, or substances, of an aggregate weight of one
 
 8           ounce or more, containing any marijuana; or
 
 9      (d)  Distributes, in a manner other than by sale or barter
 
10           or by agreement or an offer to sell or barter, any
 
11           marijuana or any [Schedule] schedule V substance in any
 
12           amount."
 
13      SECTION 4.  Section 712-1249.4, Hawaii Revised Statutes, is
 
14 amended by amending subsection (1) to read as follows:
 
15      "(1)  A person commits the offense of commercial promotion
 
16 of marijuana in the first degree if the person knowingly:
 
17      (a)  Possesses marijuana having an aggregate weight of
 
18           twenty-five pounds or more; [or]
 
19      (b)  Distributes marijuana having an aggregate weight of
 
20           five pounds or more; [or]
 
21      (c)  Possesses, cultivates, or has under the person's
 
22           control one hundred or more marijuana plants; [or] 
 

 
 
 
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                                     S.B. NO.           916
                                                        
                                                        

 
 1      (d)  Cultivates on land owned by another person, including
 
 2           land owned by the government or other legal entity,
 
 3           twenty-five or more marijuana plants[, unless the
 
 4           person has the express permission from the owner of the
 
 5           land to cultivate the marijuana or the person has a
 
 6           legal or an equitable ownership interest in the land or
 
 7           the person has a legal right to occupy the land]; or
 
 8      (e)  Uses, or causes to be used, any firearm or other
 
 9           weapon, device, instrument, material, or substance,
 
10           whether animate or inanimate, [which] that in the
 
11           manner in which it is used is capable of causing death,
 
12           serious bodily injury, substantial bodily injury, or
 
13           other bodily injury, as defined in chapter 707, in
 
14           order to prevent the theft, removal, search and
 
15           seizure, or destruction of marijuana."
 
16      SECTION 5.  Section 712-1249.5, Hawaii Revised Statutes, is
 
17 amended by amending subsection (1) to read as follows:
 
18      "(1)  A person commits the offense of commercial promotion
 
19 of marijuana in the second degree if the person knowingly:
 
20      (a)  Possesses marijuana having an aggregate weight of two
 
21           pounds or more; [or]
 
22      (b)  Distributes marijuana having an aggregate weight of one
 

 
 
 
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                                     S.B. NO.           916
                                                        
                                                        

 
 1           pound or more; [or]
 
 2      (c)  Possesses, cultivates, or has under the person's
 
 3           control fifty or more marijuana plants; [or]
 
 4      (d)  Cultivates on land owned by another person, including
 
 5           land owned by the government or other legal entity, any
 
 6           marijuana plant[, unless the person has the express
 
 7           permission from the owner of the land to cultivate the
 
 8           marijuana or the person has a legal or an equitable
 
 9           ownership interest in the land or the person has a
 
10           legal right to occupy the land]; or
 
11      (e)  Sells or barters any marijuana or any [Schedule]
 
12           schedule V substance in any amount to a minor."
 
13      SECTION 6.  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 7.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 8.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:_________________________