SB1296

SECTION 1. The legislature finds that scarce resources are currently expended inefficiently by county and state police entities, including judicial and detention facilities, for enforcing marijuana possession laws. A recent study of the economics of enforcement of marijuana laws in Hawaii reveals that "State and county law enforcement agencies spend $4,100,000 per year to enforce marijuana possession laws; and an additional $2,100,000 is spent by the courts." Notwithstanding this expenditure, "[b]etween 1994 and 2003, the price of one ounce of high quality marijuana dropped by twelve per cent." As the author of the study, a Hawaii-based economist, concluded, "[t]he price decline reveals that law enforcement efforts to restrict supply have not been effective."

The study also revealed that amending the State's marijuana laws to make possession of less than one ounce a civil violation in Hawaii could save state and county governments up to $5,000,000 per year. This would permit law enforcement to focus their resources on more serious drug issues such as combating the ongoing ice epidemic or the recently reported sharp increase in cocaine use. At the same time, because of current low prosecution levels and small penalties, the study's author concluded that reducing possession of less than one ounce of marijuana to a civil penalty, in effect "decriminalizing" it, would not have much effect on marijuana use. This finding is consistent with the experience of other jurisdictions. This reduction, however, would not be a significant change from the legislature's previous classification of simple possession of small amounts of marijuana as a petty misdemeanor due to the relatively harmless nature of this substance, compared to other commonly used illegal substances.

A civil fine could serve as a more certain penalty and therefore a more effective deterrent, especially for young people. In addition, imposing the fine would be as easy as writing a traffic ticket and much less officer time and court time would be expended.

The legislature further finds that existing Hawaii law provides for a sentence of not more than thirty days for first time possession of less than an ounce of marijuana. Even a petty misdemeanor, however, is a crime. The criminal record thus obtained may seriously affect arrestees' futures by rendering them ineligible for federal college loans, for certain types of employment, and for military service. In consequence, 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 - comprising some thirty per cent of the nation's population - 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."

Because the vast majority of possession charges under the criminal code are dealt with by fines, treating possession of less than an ounce of marijuana as a violation, punishable by a civil fine, will continue to deter marijuana use and demonstrate our State's disapproval of the use of the drug. The legislature finds that a civil penalty will be perceived as more proportional to the offense. The State will thereby reduce the cynicism and disrespect for the law felt by those who see criminalization with possible imprisonment for possession of small amounts of marijuana as inconsistent with the more lenient laws governing possession of more dangerous substances, such as cigarettes and alcohol.

The measures proposed in this Act would not amend laws regarding driving under the influence of marijuana or other criminal infractions committed under the influence, or infractions pertaining to sales or manufacturing. Nor does it amend laws regarding the use of marijuana for medical purposes. The purpose of this Act is to provide civil penalties for possession of less than one ounce of marijuana for personal use.

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. Intentional or knowing possession of less than one ounce of marijuana shall constitute a violation subject to a fine not to exceed $ ."

SECTION 3. Section 329-125, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A qualifying patient or the primary caregiver may assert the medical use of marijuana as an affirmative defense to any prosecution, criminal or civil, involving marijuana under this [[]part[]] or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part."

SECTION 4. 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[.], except that, for purposes of section 712- , less than one ounce of marijuana shall not be deemed a detrimental drug."

SECTION 5. 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 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1296
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII