Reclassifies from a petty misdemeanor to a civil violation, possession of less than one ounce of marijuana.

A BILL FOR AN ACT

SECTION 1. The legislature finds that scarce resources are currently expended by county and state police entities and judicial and detention facilities for enforcing marijuana possession laws. Amending the State's marijuana laws to make possession of less than one ounce a civil violation would permit law enforcement to focus their resources on more serious drug issues, such as combating the ongoing ice epidemic. The legislature has previously classified simple possession of marijuana as a petty misdemeanor due to the relatively harmless nature of this substance compared to other commonly used illegal substances. While no psychoactive substance is completely without risk, many scientists concur with drug enforcement administration Judge Francis Young, who, in 1988, found that "marijuana is one of the safest therapeutically active substances known to man."

Current Hawaii law provides for a sentence of not more than thirty days for possession of less than an ounce of marijuana. Even a petty misdemeanor, however, is a crime. The criminal record thus obtained may impact arrestees' futures by rendering them ineligible for federal college loans, certain types of employment, and military service. Twelve other states have recognized the advantages of downgrading possession of small amounts of marijuana to a civil violation instead of a crime. These states-–Alaska, California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, and Oregon--have not experienced disproportionate spikes in marijuana use since the enactment of these laws. According to a 1999 report by the National Academy of Sciences, Institute of Medicine, "Marijuana and Medicine: Assessing the Science Base", "In sum, there is little evidence that decriminalization of marijuana use necessarily leads to a substantial increase in marijuana use."

Given that the vast majority of possession charges under the criminal code are dealt with by fines in any event, treating possession of less than an ounce of marijuana as a violation, punishable by a civil fine, provides some deterrence and demonstrates our State's disapproval of the use of the drug while instating a penalty that is proportional to the offense.

The purpose of this Act is to provide for civil violations for possession by adults of less than one ounce of marijuana for personal use.

This Act does not amend laws regarding driving under the influence of marijuana or other criminal infractions committed under the influence, possession by minors, or infractions pertaining to sales or manufacturing.

SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712- Possession of marijuana. Possession of less than one ounce of marijuana by an adult is a violation and shall be subject to a civil fine of not more than $100. Each subsequent violation shall result in a civil citation of not more than $100."

SECTION 3. Section 712-1240, Hawaii Revised Statutes, is amended by amending the definition of "detrimental drug" to read as follows:

""Detrimental drug" means any substance or immediate precursor defined or specified as a "Schedule V substance" by chapter 329, or any marijuana[.]; provided that, for purposes of section 712- , marijuana shall not be deemed a detrimental drug."

SECTION 4. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) [A] Except for possession of less than one ounce of marijuana, a person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any marijuana or any Schedule V substance in any amount."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.