HB434

SECTION 1. The legislature finds that converting the penalty for possession of small amounts of marijuana into non-criminal violations is more beneficial to the State and its people than the current criminal treatment of these offenses. The legislature further finds that state funds are better spent on community programs and rehabilitation rather than overly punitive and costly incarceration of nonviolent, low-risk drug offenders.

Accordingly, the purpose of this Act is to:

(1) Establish the alcohol and drug abuse division special fund within the department of health where fines from non-criminal marijuana violations shall be deposited and used for public education and awareness programs aimed at reducing the use of harmful drugs; and

(2) Decriminalize the possession and distribution of small amounts of marijuana by reclassifying these offenses as non-criminal violations, while retaining criminal classification of certain specific, higher-level marijuana offenses, such as those relating to commercial promotion and cultivation, those involving minors, and those involving the medical cannabis licensing and dispensary system.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Alcohol and drug abuse division special fund; deposits; expenditures. (a) There is established within the state treasury the alcohol and drug abuse division special fund to be administered by the department of health. Fines collected for violation of sections 712-1245 (1)(d), 712-1246 (1)(b), 712-1246.5 (1)(b), 712-1247 (1)(i), 712-1248 (1)(e), and 712-1249 (1)(b) shall be deposited into the alcohol and drug abuse division special fund.

(b) Monies in the special fund shall be expended by the department of health for public education and awareness programs aimed at reducing the use of harmful drugs. Expenditures from the special fund shall not require a specific legislative appropriation but may be spent directly by the department in accordance with the purpose of the special funds.

(c) The department of health shall submit a report to the legislature concerning the status of the special fund, including the amount of monies deposited into and expended from the special fund, and the sources of receipts and uses of expenditures, no later than twenty days prior to the convening of each regular session."

SECTION 3. Section 712-1245, Hawaii Revised Statutes, is amended to read as follows:

"§712-1245 Promoting a harmful drug in the second degree. (1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly:

(a) Possesses fifty or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;

(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 harmful drugs or one or more of the marijuana concentrates, or any combination thereof; [or]

(d) Distributes any marijuana concentrate in any amount.

(2) Promoting a harmful drug in the second degree in violation of subsections 1(a), 1(b), or 1(c) is a class B felony. A violation of subsection 1(d) is a violation subject to a fine of no more than $750, which shall be deposited into the alcohol and drug abuse division special fund established by section 321- ."

SECTION 4. Section 712-1246, Hawaii Revised Statutes, is amended to read as follows:

"§712-1246 Promoting a harmful drug in the third degree. (1) A person commits the offense of promoting a harmful drug in the third degree if the person knowingly [~~possesses~~]:

(a) Possesses twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs [~~or one or more of the marijuana concentrates,~~] other than a marijuana concentrate or any combination thereof[.]; or

(b) Possesses twenty-five or more capsules or tablets or dosage units containing one or more marijuana concentrates or any combination thereof.

(2) Promoting a harmful drug in the third degree in violation of subsection 1(a) is a class C felony. A violation of subsection 1(b) is a violation subject to a fine of no more than $500, which shall be deposited into the alcohol and drug abuse division special fund established by section 321- ."

SECTION 5. Section 712-1246.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§712-1246.5[]] Promoting a harmful drug in the fourth degree. (1) A person commits the offense of promoting a harmful drug in the fourth degree if the person knowingly [~~possesses~~]:

(a) Possesses any harmful drug other than a marijuana concentrate in any amount[.]; or

(b) Possesses any marijuana concentrate.

(2) Promoting a harmful drug in the fourth degree in violation of subsection 1(a) is a misdemeanor. A violation of subsection 1(b) is a violation subject to a fine of no more than $250, which shall be deposited into the alcohol and drug abuse division special fund established by section 321- ."

SECTION 6. Section 712-1247, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) 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;

(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;

(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;

(e) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one pound or more, containing any marijuana;

(f) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing any marijuana;

(g) Possesses, cultivates, or has under the person's control twenty-five or more marijuana plants; [or]

(h) Sells or barters [~~any marijuana or~~] any Schedule V substance in any amount[.]; or

(i) Sells or barters any marijuana in any amount.

(2) Promoting a detrimental drug in the first degree in violation of subsections 1(a), 1(b), 1(c), 1(d), 1(e), 1(f), 1(g), or 1(h) is a class C felony. A violation of subsection 1(i) is a violation subject to a fine of no more than $500, which shall be deposited into the alcohol and drug abuse division special fund established by section 321- ."

SECTION 7. Section 712-1248, Hawaii Revised Statutes, is amended to read as follows:

"§712-1248 Promoting a detrimental drug in the second degree. (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;

(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;

(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[.]; or

(e) Distributes any marijuana in any amount.

(2) Promoting a detrimental drug in the second degree in violation of subsections 1(a), 1(b), 1(c), or 1(d) is a misdemeanor. A violation of subsection 1(e) is a violation subject to a fine of no more than $250, which shall be deposited into the alcohol and drug abuse division special fund established by section 321- ."

SECTION 8. Section 712-1249, Hawaii Revised Statutes, is amended to read as follows:

"§712-1249 Promoting a detrimental drug in the third degree. (1) A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly [~~possesses~~]:

(a) Possesses [~~any marijuana or~~] any Schedule V substance in any amount[.]; or

(b) Possesses any marijuana in any amount.

(2) Promoting a detrimental drug in the third degree in violation of subsection 1(a) is a petty misdemeanor. A violation of subsection 1(b) is a violation subject to a fine of no more than $100, which shall be deposited into the alcohol and drug abuse division special fund established by section 321- ."

SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	434
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII