Creates new offense for illegal use of controlled substances.

A BILL FOR AN ACT

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712- Illegal use of a controlled substance. (a) A person commits the offense of illegal use of a controlled substance if that person uses any controlled substance which is

(b) Illegal use of a controlled substance is a petty misdemeanor.

(c) It shall be an affirmative defense that the controlled substance was administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances.

(d) Any person convicted under this section shall be sentenced to a minimum term of imprisonment no less than thirty days. The court may place a person convicted under this section on probation for a period not to exceed six months, provided that a condition of probation shall be a minimum term of imprisonment no less than fifteen days.

(e) Any person who is convicted of violating this section when the offense occurred within five years of that person being convicted of two or more separate violations of this section shall be guilty of a misdemeanor, and shall be sentenced to a minimum term of imprisonment no less than sixty days.

(f) The court may, in the interest of justice, permit any person convicted of a violation of this section to complete a licensed drug rehabilitation program in lieu of part or all of the term of imprisonment. The court may require the offender to pay all or a portion of the drug rehabilitation program.

(g) In additional to any fine assessed, the court may assess a fee not to exceed one hundred dollars against any offender convicted under this section. Moneys collected as a result of this fine shall be transferred to the department of public safety to fund drug testing under chapter 353G. No defendant shall be denied probation due to an inability to pay this fine.

(h) Notwithstanding the preceding subsections of this chapter or any other provision of the law, any person who illegally uses a controlled substance where the controlled substance is cocaine, cocaine base, heroin, methamphetamine or any of its derivations, or phencyclidine while in the immediate possession of a firearm, irrespective of whether loaded or unloaded, or operable or inoperable, shall be guilty of a class C felony punishable by a mandatory term of imprisonment of no less than one year. As used in this subsection, "immediate personal possession" includes, but is not limited to, the interior passenger compartment of a motor vehicle.

(i) Any person who is convicted of a second violation of subsection (h) shall be subject to a mandatory minimum sentence of no less than five years. Any person who is convicted of a third or fourth violation of subsection (h) shall be guilty of a class B felony with a mandatory minimum sentence of no less than seven years and ten years, respectively."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.