| 47 | | - | SECTION 1. Section 329-43.5, Hawaii Revised Statutes, is amended to read as follows: "§329-43.5 Prohibited acts related to drug paraphernalia. (a) Except as provided in [subsection] subsections (e)[,] and (f), it [is] shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. A violation of this subsection shall constitute a violation subject to a fine of no more than $500. (b) Except as provided in subsection (e), it [is] shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. A violation of this subsection shall constitute a violation subject to a fine of no more than $500. (c) Any person eighteen years of age or [over] older who violates subsection (b) by delivering drug paraphernalia to a person or persons under eighteen years of age who are at least three years younger than that adult person [is] shall be guilty of a class B felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640. (d) It [is] shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section [is] shall be guilty of a class C felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640. (e) Subsections (a) and (b) shall not apply to a person who is authorized to: (1) Acquire, possess, cultivate, use, distribute, or transport cannabis pursuant to the definition of "medical use" under section 329-121, while the person is facilitating the medical use of cannabis by a qualifying patient; or (2) Dispense, manufacture, or produce cannabis or manufactured cannabis products pursuant to and in compliance with chapter 329D, while the person is facilitating the medical use of cannabis by a qualifying patient pursuant to part IX of chapter 329. (f) Subsection (a) shall not apply to the possession of drug paraphernalia to: (1) Store, contain, or conceal; or (2) Inject, ingest, inhale, or otherwise introduce into the human body, 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, except as provided in section 712-1249, 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, except as provided in section 712-1248 or 712-1249, 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, except as provided in section 712-1249, any harmful drug or any marijuana concentrate in any amount." SECTION 4. Section 712-1246.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows: "(1) [A] Except as provided in section 712-1249, a person commits the offense of promoting a harmful drug in the fourth degree if the person knowingly possesses any harmful drug in any amount." SECTION 5. Section 712-1247, 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 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, except as provided in section 712-1249, 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." 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;] two ounces or more of marijuana other than marijuana concentrate and marijuana-infused products; ten grams or more of marijuana concentrate; or marijuana-infused products containing one gram or more of tetrahydrocannabinol, in the aggregate; or (d) Distributes, except as provided in section 712-1249, any marijuana or any Schedule V substance in any amount." SECTION 7. 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 any]: (a) Possesses: (i) Any marijuana or any Schedule V substance in any amount[.]; (ii) Any marijuana concentrate in any amount; or (iii) Marijuana-infused products containing any amount of tetrahydrocannabinol; (b) Transfers a personal use quantity of marijuana to a person who is twenty-one years of age or older without remuneration; or (c) Smokes marijuana in a public place. (2) Promoting a detrimental drug in the third degree [is] shall be a petty misdemeanor; provided that [possession of three grams or less]: (a) Possession or transfer without remuneration of a personal use quantity of marijuana [is] shall be a violation, punishable by a fine of [$130.] $25. A person found responsible for a violation under this section may request, and shall be granted, a penalty of two hours of community service in lieu of a fine; or (b) Smoking marijuana in a public place shall be a violation, punishable by a fine of up to $130. A person found responsible for a violation under this section may request, and shall be granted, a penalty of up to ten hours of community service in lieu of a fine. (3) For purposes of this section, a transfer of marijuana shall be considered for remuneration if: (a) The marijuana is given away contemporaneously with another transaction between the same parties; (b) A gift of marijuana is offered or advertised in conjunction with an offer for sale of goods, services, or admission to an event; or (c) A gift of marijuana is contingent upon a separate transaction for goods, services, or the price of admission to an event. (4) As used in this section, "personal use quantity of marijuana" means: (a) One ounce or less of marijuana other than marijuana concentrate and marijuana-infused products; (b) Five grams or less of marijuana concentrate; or (c) Marijuana-infused products containing five hundred milligrams or less of tetrahydrocannabinol, in the aggregate." SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 9. This Act shall take effect upon its approval. |
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