Report Title:
Detrimental Drug; Promotion
Description:
Revises elements of certain drug offenses to avoid violation of due process and equal protection in charging the offenses.
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THE SENATE |
S.B. NO. |
1465 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to promoting a detrimental drug.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Section 712-1247, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly:
(a) Possesses four hundred or more capsules or tablets containing one or more of the Schedule V substances; or
(b) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing one or more of the Schedule V substances; or
(c) Distributes fifty or more capsules or tablets containing one or more of the Schedule V substances; or
(d) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one- eighth ounce or more, containing one or more of the Schedule V substances; or
(e) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one pound or more, containing any marijuana; or
(f) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing any marijuana; or
(g) Possesses, cultivates, or has under the person's control twenty-five or more marijuana plants; or
(h) Sells, distributes, or barters any marijuana or any Schedule V substance in any amount."
SECTION 3. Section 712-1248, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:
(a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances; or
(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the Schedule V substances; or
(c) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more, containing any marijuana[; or
(d) Distributes any marijuana or any Schedule V substance in any amount]."
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INTRODUCED BY: |
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