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THE SENATE |
S.B. NO. |
606 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to marijuana.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§712- Promotion
of marijuana or Schedule V substance to a minor.
(1) A person commits the
offense of promotion of marijuana or Schedule V substance to a minor if the
person sells, barters, or provides any marijuana or any Schedule V substance in
any amount to a minor.
(2)
Promotion of marijuana or Schedule V substance to a minor is a class B
felony.
§712- Expungement of records of criminal
violations pertaining solely to marijuana.
(1) Notwithstanding any other
law to the contrary, a person convicted prior to the effective date of this Act
of any marijuana offense arising from a set of facts and circumstances that
resulted in no criminal charges other than the marijuana offense may apply to
the court of conviction for an expungement order.
(2)
The court shall grant an expungement order under subsection (1) upon a
finding that the applicant is eligible for the expungement.
(3)
The court may establish a reasonable fee for an application under this
section.
(4)
As used in this section, "marijuana offense" means any
criminal offense prohibiting the cultivation, possession, sales, transportation,
or use of marijuana."
SECTION 2. Section 712-1244, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly:
(a) Possesses one hundred 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 ounce or more containing
one or more of the harmful drugs or [one or more of the marijuana
concentrates, or] any combination thereof;
(c) Distributes 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, or] any combination thereof;
(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 harmful drugs or [one or more of the
marijuana concentrates, or] any combination thereof; or
(e) Distributes any harmful drug or any marijuana concentrate in any amount to a minor."
SECTION 3. Section 712-1245, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(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
(c) Distributes any harmful drug [or any
marijuana concentrate] in any amount."
SECTION 4. Section 712-1246, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of promoting a
harmful drug in the third degree if the person knowingly 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, or] any combination
thereof."
SECTION 5. Section 712-1247, Hawaii Revised Statutes, is amended to read as follows:
"§712-1247 Promoting a detrimental drug in the first degree. (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;
(c) Distributes fifty or more capsules or tablets 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)] (e) Sells or barters any [marijuana
or any] Schedule V substance in any amount.
(2) Promoting a detrimental drug in the first degree is a class C felony.
[(3) Any marijuana seized as evidence of a
violation of this section in excess of one pound may be destroyed after it has
been photographed and the weight thereof recorded. The remainder of the marijuana shall remain
in the custody of the police department until the termination of any criminal
action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately
representing the marijuana shall be deemed competent evidence of the marijuana
involved and shall be admissible in any proceeding, hearing, or trial to the
same extent as the marijuana itself; provided that nothing in this subsection
shall be construed to limit or to restrict the application of rule 901 of the
Hawaii rules of evidence.]"
SECTION 6. Section 712-1248, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(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)] (c) Distributes any [marijuana or any]
Schedule V substance in any amount."
SECTION 7. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1)
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 8. Section 712-1249.4, Hawaii Revised Statutes, is repealed.
["[§712-1249.4] Commercial promotion of marijuana in the
first degree. (1) A person commits the offense of commercial
promotion of marijuana in the first degree if the person knowingly:
(a) Possesses marijuana having an aggregate
weight of twenty-five pounds or more;
(b) Distributes marijuana having an aggregate
weight of five pounds or more;
(c) Possesses, cultivates, or has under the
person's control one hundred or more marijuana plants;
(d) Cultivates on land owned by another person,
including land owned by the government or other legal entity, twenty-five or
more marijuana plants, unless the person has the express permission from the
owner of the land to cultivate the marijuana or the person has a legal or an
equitable ownership interest in the land or the person has a legal right to
occupy the land; or
(e) Uses, or causes to be used, any firearm or
other weapon, device, instrument, material, or substance, whether animate or
inanimate, which in the manner used is capable of causing death, serious bodily
injury, substantial bodily injury, or other bodily injury, as defined in
chapter 707 in order to prevent the theft, removal, search and seizure, or
destruction of marijuana.
(2) Commercial promotion of marijuana in the
first degree is a class A felony.
(3) Any marijuana seized as evidence in violation
of this section in excess of an aggregate weight of twenty-five pounds as
stated in subsection (1)(a), or in excess of an aggregate weight of five pounds
as stated in subsection (1)(b), or in excess of one hundred marijuana plants as
stated in subsection (1)(c), or in excess of twenty-five marijuana plants as
stated in subsection (1)(d) may be destroyed after the excess amount has been
photographed and the number of plants and the weight thereof has been
recorded. The required minimum amount of
the marijuana needed to constitute the elements of this offense shall remain in
the custody of the police until the termination of any criminal action brought
as a result of the seizure of the marijuana.
Photographs duly identified as accurately representing the marijuana
shall be deemed competent evidence of the marijuana involved and shall be
admissible in any proceeding, hearing, or trial to the same extent as the
marijuana itself; provided that nothing in this subsection shall be construed
to limit or restrict the application of rule 901 of the Hawaii rules of
evidence."]
SECTION 9. Section 712-1249.5, Hawaii Revised Statutes, is repealed.
["§712-1249.5 Commercial promotion of marijuana in the
second degree. (1) A person commits the offense of commercial promotion
of marijuana in the second degree if the person knowingly:
(a) Possesses marijuana having an aggregate
weight of two pounds or more;
(b) Distributes marijuana having an aggregate
weight of one pound or more;
(c) Possesses, cultivates, or has under the
person's control fifty or more marijuana plants;
(d) Cultivates on land owned by another person,
including land owned by the government or other legal entity, any marijuana
plant, unless the person has the express permission from the owner of the land
to cultivate the marijuana or the person has a legal or an equitable ownership
interest in the land or the person has a legal right to occupy the land; or
(e) Sells or barters any marijuana or any
Schedule V substance in any amount to a minor.
(2) Commercial promotion of marijuana in the
second degree is a class B felony.
(3) Any marijuana seized as evidence in violation
of this section in excess of an aggregate weight of two pounds as stated in
subsection (1)(a), or in excess of an aggregate weight of one pound as stated
in subsection (1)(b), or in excess of twenty-five marijuana plants as stated in
subsection (1)(c) may be destroyed after the excess amount has been
photographed and the number of plants and the weight thereof has been
recorded. The required minimum amount of
the marijuana needed to constitute the elements of this offense shall remain in
the custody of the police until the termination of any criminal action brought
as a result of the seizure of the marijuana.
Photographs duly identified as accurately representing the marijuana
shall be deemed competent evidence of the marijuana involved and shall be
admissible in any proceeding, hearing, or trial to the same extent as the
marijuana itself; provided that nothing in this subsection shall be construed
to limit or to restrict the application of rule 901 of the Hawaii rules of
evidence."]
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.
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INTRODUCED BY: |
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Report Title:
Marijuana; Legalization; Expungement of Criminal Records
Description:
Repeals all criminal penalties regarding marijuana except with regard to furnishing marijuana to a minor. Requires courts to expunge a person's criminal record for a marijuana conviction if that charge was the only charge emanating from a single set of facts and circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.