Hawaii 2024 Regular Session

Hawaii House Bill HB573 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 573 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO FENTANYL TEST STRIPS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 573
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 1
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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15	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 FENTANYL TEST STRIPS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 329-1, Hawaii Revised Statutes, is amended as follows: 1. By adding a new definition to be appropriately inserted and to read: ""Fentanyl test strip" means a small strip of paper that can detect the presence of fentanyl in: (1) Different kinds of drugs, including cocaine, methamphetamine, and heroin; and (2) Different drug forms, such as pills, powder, and injectable drugs." 2. By amending the definition of "drug paraphernalia" to read: ""Drug paraphernalia" means all equipment, products, and materials of any kind [which] that are used, primarily intended for use, or primarily designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes but is not limited to: (1) Kits used, primarily intended for use, or primarily designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant [which] that is a controlled substance or from which a prohibited controlled substance can be derived; (2) Kits used, primarily intended for use, or primarily designed for use in manufacturing, compounding, converting, producing, processing, or preparing prohibited controlled substances; (3) Isomerization devices used, primarily intended for use, or primarily designed for use in increasing the potency of any species of plant [which] that is a prohibited controlled substance; (4) Testing equipment used, primarily intended for use, or primarily designed for use in identifying, or in analyzing the strength, effectiveness, or purity of prohibited controlled substances; (5) Scales and balances used, primarily intended for use, or primarily designed for use in weighing or measuring prohibited controlled substances; (6) Diluents and adulterants; such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, primarily intended for use, or primarily designed for use in cutting prohibited controlled substances; (7) Separation gins and sifters used, primarily intended for use, or primarily designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, prohibited marijuana; (8) Blenders, bowls, containers, spoons, and mixing devices used, primarily intended for use, or primarily designed for use in compounding prohibited controlled substances; (9) Capsules, balloons, envelopes, and other containers used, primarily intended for use, or primarily designed for use in packaging small quantities of prohibited controlled substances; (10) Containers and other objects used, primarily intended for use, or primarily designed for use in storing or concealing prohibited controlled substances; (11) Hypodermic syringes, needles, and other objects used, primarily intended for use, or primarily designed for use in parenterally injecting prohibited controlled substances into the human body; (12) Objects used, primarily intended for use, or primarily designed for use in ingesting, inhaling, or otherwise introducing prohibited marijuana, cocaine, hashish, hashish oil, or methamphetamine into the human body, such as: (A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (B) Water pipes; (C) Carburetion tubes and devices; (D) Smoking and carburetion masks; (E) Roach clips: meaning objects used to hold burning materials, such as marijuana cigarettes, that have become too small or too short to be held in the hand; (F) Miniature cocaine spoons, and cocaine vials; (G) Chamber pipes; (H) Carburetor pipes; (I) Electric pipes; (J) Air-driven pipes; (K) Chillums; (L) Bongs; and (M) Ice pipes or chillers. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; (3) The proximity of the object, in time and space, to a direct violation of this chapter; (4) The proximity of the object to controlled substances; (5) The existence of any residue of controlled substances on the object; (6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to a person or persons whom the owner or person in control knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia; (7) Instructions, oral or written, provided with the object concerning its use; (8) Descriptive materials accompanying the object [which] that explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale; (11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; (13) The existence and scope of legitimate uses for the object in the community; and (14) Expert testimony concerning its use. "Drug paraphernalia" does not include testing products utilized in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds in quantities that can cause physical harm or death, including but not limited to fentanyl test strips." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval.
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49	49	SECTION 1. Section 329-1, Hawaii Revised Statutes, is amended as follows:
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51	51	1. By adding a new definition to be appropriately inserted and to read:
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53	53	""Fentanyl test strip" means a small strip of paper that can detect the presence of fentanyl in:
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55	55	(1) Different kinds of drugs, including cocaine, methamphetamine, and heroin; and
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57	57	(2) Different drug forms, such as pills, powder, and injectable drugs."
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59	59	2. By amending the definition of "drug paraphernalia" to read:
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61	61	""Drug paraphernalia" means all equipment, products, and materials of any kind [which] that are used, primarily intended for use, or primarily designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes but is not limited to:
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63	63	(1) Kits used, primarily intended for use, or primarily designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant [which] that is a controlled substance or from which a prohibited controlled substance can be derived;
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65	65	(2) Kits used, primarily intended for use, or primarily designed for use in manufacturing, compounding, converting, producing, processing, or preparing prohibited controlled substances;
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67	67	(3) Isomerization devices used, primarily intended for use, or primarily designed for use in increasing the potency of any species of plant [which] that is a prohibited controlled substance;
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69	69	(4) Testing equipment used, primarily intended for use, or primarily designed for use in identifying, or in analyzing the strength, effectiveness, or purity of prohibited controlled substances;
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71	71	(5) Scales and balances used, primarily intended for use, or primarily designed for use in weighing or measuring prohibited controlled substances;
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73	73	(6) Diluents and adulterants; such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, primarily intended for use, or primarily designed for use in cutting prohibited controlled substances;
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75	75	(7) Separation gins and sifters used, primarily intended for use, or primarily designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, prohibited marijuana;
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77	77	(8) Blenders, bowls, containers, spoons, and mixing devices used, primarily intended for use, or primarily designed for use in compounding prohibited controlled substances;
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79	79	(9) Capsules, balloons, envelopes, and other containers used, primarily intended for use, or primarily designed for use in packaging small quantities of prohibited controlled substances;
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81	81	(10) Containers and other objects used, primarily intended for use, or primarily designed for use in storing or concealing prohibited controlled substances;
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83	83	(11) Hypodermic syringes, needles, and other objects used, primarily intended for use, or primarily designed for use in parenterally injecting prohibited controlled substances into the human body;
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85	85	(12) Objects used, primarily intended for use, or primarily designed for use in ingesting, inhaling, or otherwise introducing prohibited marijuana, cocaine, hashish, hashish oil, or methamphetamine into the human body, such as:
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87	87	(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
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89	89	(B) Water pipes;
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91	91	(C) Carburetion tubes and devices;
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93	93	(D) Smoking and carburetion masks;
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95	95	(E) Roach clips: meaning objects used to hold burning materials, such as marijuana cigarettes, that have become too small or too short to be held in the hand;
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97	97	(F) Miniature cocaine spoons, and cocaine vials;
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99	99	(G) Chamber pipes;
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101	101	(H) Carburetor pipes;
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103	103	(I) Electric pipes;
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105	105	(J) Air-driven pipes;
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107	107	(K) Chillums;
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109	109	(L) Bongs; and
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111	111	(M) Ice pipes or chillers.
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113	113	In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
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115	115	(1) Statements by an owner or by anyone in control of the object concerning its use;
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117	117	(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
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119	119	(3) The proximity of the object, in time and space, to a direct violation of this chapter;
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121	121	(4) The proximity of the object to controlled substances;
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123	123	(5) The existence of any residue of controlled substances on the object;
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125	125	(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to a person or persons whom the owner or person in control knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
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127	127	(7) Instructions, oral or written, provided with the object concerning its use;
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129	129	(8) Descriptive materials accompanying the object [which] that explain or depict its use;
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131	131	(9) National and local advertising concerning its use;
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133	133	(10) The manner in which the object is displayed for sale;
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135	135	(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
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137	137	(12) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
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139	139	(13) The existence and scope of legitimate uses for the object in the community; and
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141	141	(14) Expert testimony concerning its use.
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143	143	"Drug paraphernalia" does not include testing products utilized in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds in quantities that can cause physical harm or death, including but not limited to fentanyl test strips."
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145	145	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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147	147	SECTION 3. This Act shall take effect upon its approval.
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149	149	Report Title: Fentanyl Test Strips; Drug Paraphernalia; Uniform Controlled Substances Act Description: Excludes from the definition of "drug paraphernalia", testing products utilized in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds in quantities that can cause physical harm or death, including but not limited to fentanyl test strips. Defines "fentanyl test strip". (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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155	155	Report Title:
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157	157	Fentanyl Test Strips; Drug Paraphernalia; Uniform Controlled Substances Act
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161	161	Description:
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163	163	Excludes from the definition of "drug paraphernalia", testing products utilized in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds in quantities that can cause physical harm or death, including but not limited to fentanyl test strips. Defines "fentanyl test strip". (SD1)
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171	171	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.