Report Title:

Controlled Substances; Prevention and Treatment

Description:

Establishes community inpatient drug treatment centers in each state senatorial district by 2010. Requires certain parolees to give lectures on the dangers of methamphetamine at high schools. Adds substances used to produce methamphetamine to the list of controlled substances. Appropriates funds for county detectives investigating methamphetamine cases.

HOUSE OF REPRESENTATIVES

H.B. NO.

959

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO CONTROLLED SUBSTANCES.

 

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

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Establishment of community inpatient drug treatment centers. There shall be established a community inpatient drug treatment center for each senatorial district of the state by 2010, under the direction and administration of the director. Any community inpatient drug treatment center may be integrated and operated concurrently with any state hospital. Each center shall be located in the area of the district comprising the majority of that district's aggregate population, and shall provide for the inpatient treatment of persons for drug abuse."

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- School lecturing as condition for paroles. (a) The Hawaii paroling authority may require, as a condition of parole, that an eligible parolee serve as a guest lecturer at any high school in the state to inform students of the impacts of crystal methamphetamine on individuals and society.

(b) For the purposes of this section:

"Eligible parolee" means a parolee who has been:

(1) Convicted of an offense relating to crystal methamphetamine addiction or treated for crystal methamphetamine addiction; and

(2) Determined by the paroling authority to pose no threat to the safety and welfare of students attending any high school at which the parolee would be lecturing."

SECTION 3. Section 329-22, Hawaii Revised Statutes, is amended to read as follows:

"§329-22 Schedule V. (a) The controlled substances listed in this section are included in schedule V.

(b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and

(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

(c) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1) Pyrovalerone.

(d) Substances used for the production of crystal methamphetamine, including:

(1) Ephedrine, its salts, optical isomers, and salts of optical isomers;

(2) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;

(3) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;

(4) Hydriodic acid;

(5) Iodine at concentrations greater than one and one-half per cent by weight in a solution or matrix above the threshold of two ounces in a single transaction; and

(6) Red phosphorus."

SECTION 4. Section 329-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) List 1 chemicals. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person in this State or for use in this State shall submit a report to the department of all those transactions:

(1) Phenyl-2-propanone;

(2) Methylamine and its salts;

(3) Phenylacetic acid, its esters and salts;

[(4) Ephedrine, its salts, optical isomers, and salts of optical isomers;

(5) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;

(6)] (4) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;

[(7) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;

(8) Hydriodic acid;

(9)] (5) Benzyl cyanide;

[(10)] (6) Benzyl chloride;

[(11)] (7) N-methylformamide;

[(12)] (8) N-methylephedrine, its salts, optical isomers, and salts of optical isomers;

[(13)] (9) N-ethylephedrine;

[(14)] (10) N-ethylpseudoephedrine;

[(15)] (11) N-methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers;

[(16)] (12) Chloroephedrine;

[(17)] (13) Chloropseudoephedrine;

[(18)] (14) Ethylamine;

[(19)] (15) D-lysergic acid;

[(20)] (16) Ergotamine and its salts;

[(21)] (17) Piperidine and its salts;

[(22)] (18) N-acetylanthranilic acid, its esters and salts;

[(23)] (19) Anthranilic acid, its esters and salts;

[(24)] (20) Propionic anhydride;

[(25)] (21) Isosafrole;

[(26)] (22) Safrole;

[(27)] (23) Piperonal;

[(28)] (24) Thionychloride;

[(29)] (25) Ergonovine and its salts;

[(30)] (26) 3,4-Methylenedioxyphenyl-2-propanone;

[(31)] (27) Benzaldehyde;

[(32)] (28) Nitroethane;

[(33) Red phosphorus;

(34)] (29) Iodine crystals;

[(35) Iodine at concentrations greater than 1.5 per cent by weight in a solution or matrix above the threshold of two ounces in a single transaction;

(36)] (30) Gamma butyrolactone (GBL) including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone; and 4-hydroxybutanoic acid lactone with chemical abstract service number 96-48-0;

[(37)] (31) 1,4-butanediol, including butanediol; butane-1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol; and tetramethylene; 1,4-diol;

[(38)] (32) Hypophosphorous acid and its salts (including ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite, and sodium hypophosphite);

[(39)] (33) White phosphorus (other names yellow phosphorus); and

[(40)] (34) Anhydrous ammonia."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2005-2006 for the city and county of Honolulu to hire regionally designated detectives to focus on criminal cases involving unlawful methamphetamine trafficking; provided that the detectives shall be hired from another county and shall rotate to other counties every twelve months or less.

The sum appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2005-2006 for the county of Hawaii to hire regionally designated detectives to focus on criminal cases involving unlawful methamphetamine trafficking; provided that the detectives shall be hired from another county and shall rotate to other counties every twelve months or less.

The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2005-2006 for the county of Kauai to hire regionally designated detectives to focus on criminal cases involving unlawful methamphetamine trafficking; provided that the detectives shall be hired from another county and shall rotate to other counties every twelve months or less.

The sum appropriated shall be expended by the county of Kauai for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2005-2006 for the county of Maui to hire regionally designated detectives to focus on criminal cases involving unlawful methamphetamine trafficking; provided that the detectives shall be hired from another county and shall rotate to other counties every twelve months or less.

The sum appropriated shall be expended by the county of Maui for the purposes of this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval; provided that sections 5, 6, 7, and 8 shall take effect on July 1, 2005.

INTRODUCED BY:

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