Hawaii 2022 Regular Session

Hawaii Senate Bill SB758 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 758 THIRTY-FIRST LEGISLATURE, 2021 ~~S.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO MARIJUANA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 758 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MARIJUANA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 758
4		-	THIRTY-FIRST LEGISLATURE, 2021 ~~S.D. 1~~
	4	+	THIRTY-FIRST LEGISLATURE, 2021
5	5		STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		758
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13	13		THIRTY-FIRST LEGISLATURE, 2021
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15		-	~~S.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO MARIJUANA.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows: "(5) Upon motion from a person convicted for the possession of marijuana under section 712-1249 arising from a set of facts and circumstances that resulted in no other criminal charge, the court shall grant an expungement order pertaining to the conviction for the offense; provided that the amount of marijuana for which the person was convicted of possessing was [three grams] ~~thirty grams~~ or less." SECTION 2. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: "(2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of [three grams] ~~thirty grams~~ or less of marijuana is a violation, punishable by a fine of $130." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval.
	47	+	SECTION 1. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows: "(5) Upon motion from a person convicted for the possession of marijuana under section 712-1249 arising from a set of facts and circumstances that resulted in no other criminal charge, the court shall grant an expungement order pertaining to the conviction for the offense; provided that the amount of marijuana for which the person was convicted of possessing was [three grams] one ounce or less." SECTION 2. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: "(2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of [three grams] one ounce or less of marijuana is a violation, punishable by a fine of $130." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49		SECTION 1. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:
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51		-	"(5) Upon motion from a person convicted for the possession of marijuana under section 712-1249 arising from a set of facts and circumstances that resulted in no other criminal charge, the court shall grant an expungement order pertaining to the conviction for the offense; provided that the amount of marijuana for which the person was convicted of possessing was [three grams] ~~thirty grams~~ or less."
	51	+	"(5) Upon motion from a person convicted for the possession of marijuana under section 712-1249 arising from a set of facts and circumstances that resulted in no other criminal charge, the court shall grant an expungement order pertaining to the conviction for the offense; provided that the amount of marijuana for which the person was convicted of possessing was [three grams] one ounce or less."
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53	53		SECTION 2. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
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55		-	"(2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of [three grams] ~~thirty grams~~ or less of marijuana is a violation, punishable by a fine of $130."
	55	+	"(2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of [three grams] one ounce or less of marijuana is a violation, punishable by a fine of $130."
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57	57		SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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59	59		SECTION 4. This Act shall take effect upon its approval.
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61		-	Report Title: Marijuana; Penal Code; Violation; Criminal Records; Expungement Description: Increases from three grams to thirty grams: (1) the minimum amount of marijuana that a defendant must possess to be charged with a petty misdemeanor; and (2) the maximum amount of marijuana that a defendant convicted of possessing marijuana could have possessed without being disqualified from the subsequent expungement of the record of that conviction. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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	63	+	INTRODUCED BY: _____________________________
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	65	+	INTRODUCED BY:
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	67	+	_____________________________
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	73	+	Report Title: Marijuana; Penal Code; Violation; Criminal Records; Expungement Description: Increases from 3 grams to 1 ounce: (1) the minimum amount of marijuana that a defendant must possess to be charged with a petty misdemeanor; and (2) the maximum amount of marijuana that a defendant convicted of possessing marijuana could have possessed without being disqualified from the subsequent expungement of the record of that conviction. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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67	79		Report Title:
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69	81		Marijuana; Penal Code; Violation; Criminal Records; Expungement
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73	85		Description:
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75		-	Increases from three grams to thirty grams: (1) the minimum amount of marijuana that a defendant must possess to be charged with a petty misdemeanor; and (2) the maximum amount of marijuana that a defendant convicted of possessing marijuana could have possessed without being disqualified from the subsequent expungement of the record of that conviction. (SD1)
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	87	+	Increases from 3 grams to 1 ounce: (1) the minimum amount of marijuana that a defendant must possess to be charged with a petty misdemeanor; and (2) the maximum amount of marijuana that a defendant convicted of possessing marijuana could have possessed without being disqualified from the subsequent expungement of the record of that conviction.
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83	93		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.