Increases the criminal penalties for possession, distribution, or manufacture of crystal methamphetamine from 1 year to 3 years and 4 months for a first degree offense; from 6 months to 1 year and 8 months for a second degree offense; and from 30 days to 10 months for a third degree offense. Also provides for the forfeiture of property of distributors and manufacturers.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to deter the use, distribution and manufacture of crystal methamphetamine. The legislature finds that the use, distribution, and manufacture of crystal methamphetamine better known locally as "ice" or "batu," is the most insidious and worst drug problem facing Hawaii today. Crystal methamphetamine affects not only the user, but the user's children, friends, neighbors, family. It pollutes the environment with the chemicals used in its manufacture. It is not like any other drug. The generic use of the term "drug" or "substance" to describe the drug by government agencies, so-called "experts" in the field, demonstrate a lack of understanding of the debilitating and devastating nature of the drug.

Crystal methamphetamine stimulates the central nervous system and is extremely addictive, producing a severe craving for the drug. The effects may last anywhere from eight to twenty-four hours. Its short term effects include increased alertness, sense of well-being, paranoia, intense high, hallucinations, aggressive behavior, increased heart rate, convulsions, extreme rise in body temperature, violent behavior, insomnia, impaired speech, dry, itchy skin, loss of appetite, acne, sores, and numbness.

Its effects on the mind include disturbed sleep, excessive excitation, excessive talking, panic, anxiousness, nervousness, moodiness and irritability, false sense of confidence and power, delusions of grandeur leading to aggressive behavior, disinterest in friends, sex, or food, aggressive and violent behavior, and severe depression.

Its long term effects include fatal kidney and lung disorders, possible brain damage, depression, hallucinations, permanent psychological problems, violent and aggressive behavior, weight loss, insomnia, behavior resembling paranoid schizophrenia, malnutrition, poor coping abilities, disturbance of personality development, lowered resistance to illnesses, liver damage, stroke, and death.

The effects of crystal methamphetamine are not only long lasting, but continue to cause damage to the user long after use has stopped. It can be easily manufactured in Hawaii using legal chemicals. "Ice" does damage to the brain stem and limbic systems, the part of the brain responsible for our strongest and most primary emotions: rage, lust, despair, hunger, terror. It triggers violent behavior.

Crystal methamphetamine arrived in Hawaii with a vengeance in the mid-1980's, following the boom and bust cycles of marijuana and then cocaine. However, "ice" has never left.

The legislature finds that all available figures point to increasing "ice" use in Hawaii. By conservative estimates ice costs the state about $10,000 per month in emergency room treatments. Add to this the costs of psychiatric hospitalizations, and the figure becomes inestimable.

The legislature further finds that crystal methamphetamine is associated with the rise of violent crime in Hawaii. Hawaii has been designated by the federal government as one of the nation's "high intensity drug-trafficking areas".

Despite the efforts of such past and present programs as Drug Policy Forum, the Community Alliance on Prisons, Government Efficiency Team, and others, working together to provide treatment and alternative sanctions for drug offenders, violent crime related to dangerous drugs, particularly, crystal methamphetamine is on the rise.

Rehabilitation is not the solution to this epidemic. Users of crystal methamphetamine usually return to the drug after rehabilitation.

The purpose of this Act is to attack the problem of crystal methamphetamine at its source, the distribution and manufacture of it, by increasing the criminal penalties and providing for the forfeiture, seizure and auctioning of property owned by distributors and manufacturers.

SECTION 2. Section 712-1241, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Notwithstanding any law to the contrary, if the commission of the offense of promoting a dangerous drug in the first degree under this section involved the possession, distribution, or manufacture of methamphetamine, or any of its salts, isomers, and salts of isomers, the person convicted shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment, the length of which shall be not less than [one year] three years and four months and not greater than ten years, at the discretion of the sentencing court for a conviction under subsection (1)(a), (1)(b), or (1)(c) and not less than ten years for a conviction under subsection (1)(d). The person convicted shall not be eligible for parole during the mandatory term of imprisonment. In addition to any other penalties authorized by law, the personal and real property of any person who distributes or manufactures methamphetamine shall be subject to forfeiture under chapter 712A."

SECTION 3. Section 712-1242, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Notwithstanding any law to the contrary, if the commission of the offense of promoting a dangerous drug in the second degree under this section involved the possession or distribution of methamphetamine, or any of its salts, isomers, and salts of isomers, the person convicted shall be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment, the length of which shall be not less than [six months] one year and eight months and not greater than five years, at the discretion of the sentencing court. The person convicted shall not be eligible for parole during the mandatory period of imprisonment. In addition to any other penalties authorized by law, the personal and real property of any person who distributes or manufactures methamphetamine shall be subject to forfeiture under chapter 712A."

SECTION 4. Section 712-1243, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Notwithstanding any law to the contrary, if the commission of the offense of promoting a dangerous drug in the third degree under this section involved the possession or distribution of methamphetamine, the person convicted shall be sentenced to an indeterminate term of imprisonment of five years with a mandatory minimum term of imprisonment, the length of which shall be not less than [thirty days] ten months and not greater than two-and-a-half years, at the discretion of the sentencing court. The person convicted shall not be eligible for parole during the mandatory period of imprisonment. In addition to any other penalties authorized by law, the personal and real property of any person who distributes or manufactures methamphetamine shall be subject to forfeiture under chapter 712A."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.