Hawaii 2025 Regular Session

Hawaii House Bill HB217 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. 217 THIRTY-THIRD LEGISLATURE, 2025 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	HOUSE OF REPRESENTATIVES H.B. NO. 217
4	4	THIRTY-THIRD LEGISLATURE, 2025
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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11	11	217
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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	47	SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows: "§712- Promoting a harmful drug in the fifth degree. (1) A person commits the offense of promoting a harmful drug in the fifth degree if the person knowingly: (a) Possesses any marijuana concentrate in any amount; (b) Possesses marijuana-infused products containing any amount of tetrahydrocannabinol; or (c) Transfers: (i) Five grams or less of marijuana concentrate; or (ii) Marijuana-infused products containing five hundred milligrams or less of tetrahydrocannabinol, in the aggregate, to a person who is twenty-one years of age or older without remuneration. (2) Promoting a harmful drug in the fifth degree shall be a petty misdemeanor; provided that: (a) Possession of five grams or less of marijuana concentrate; (b) Possession of marijuana-infused products containing five hundred milligrams or less of tetrahydrocannabinol, in the aggregate; or (c) Transfer of: (i) Five grams or less of marijuana concentrate; or (ii) Marijuana-infused products containing five hundred milligrams or less of tetrahydrocannabinol, in the aggregate, to a person who is twenty-one years of age or older without remuneration, shall be a violation, punishable by a fine of $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. (3) For purposes of this section, a transfer of marijuana concentrate or marijuana-infused products shall be considered for remuneration if: (a) The marijuana concentrate or marijuana-infused products is given away contemporaneously with another transaction between the same parties; (b) A gift of marijuana concentrate or marijuana-infused products 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 concentrate or marijuana-infused products is contingent upon a separate transaction for goods, services, or the price of admission to an event." SECTION 2. 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 3. Section 712-1240, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Marijuana-infused product" means any product containing or derived from marijuana, including a marijuana concentrate." SECTION 4. 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- , 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 5. 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 712-1246.5 or 712- , 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- , any harmful drug or any marijuana concentrate in any amount." SECTION 6. Section 712-1246.5, 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 fourth degree if the person knowingly possesses [any]: (a) Any harmful drug, except marijuana concentrate, in any amount[.]; (b) Ten grams or more of marijuana concentrate; or (c) Marijuana-infused products containing one gram or more of tetrahydrocannabinol, in the aggregate." SECTION 7. 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 8. 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; or (d) Distributes, except as provided in section 712-1249, any marijuana or any Schedule V substance in any amount." SECTION 9. 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[.]; (b) Transfers one ounce or less of marijuana other than marijuana concentrate and marijuana-infused products 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 of one ounce or less of marijuana or transfer without remuneration of one ounce or less of marijuana [is] other than marijuana concentrate and marijuana-infused products shall be a violation, punishable by a fine of [$130.] $25. A person found responsible for a violation under this paragraph 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 paragraph 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." SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 12. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
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51	51	"§712- Promoting a harmful drug in the fifth degree. (1) A person commits the offense of promoting a harmful drug in the fifth degree if the person knowingly:
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53	53	(a) Possesses any marijuana concentrate in any amount;
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55	55	(b) Possesses marijuana-infused products containing any amount of tetrahydrocannabinol; or
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57	57	(c) Transfers:
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59	59	(i) Five grams or less of marijuana concentrate; or
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61	61	(ii) Marijuana-infused products containing five hundred milligrams or less of tetrahydrocannabinol, in the aggregate,
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63	63	to a person who is twenty-one years of age or older without remuneration.
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65	65	(2) Promoting a harmful drug in the fifth degree shall be a petty misdemeanor; provided that:
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67	67	(a) Possession of five grams or less of marijuana concentrate;
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69	69	(b) Possession of marijuana-infused products containing five hundred milligrams or less of tetrahydrocannabinol, in the aggregate; or
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71	71	(c) Transfer of:
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73	73	(i) Five grams or less of marijuana concentrate; or
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75	75	(ii) Marijuana-infused products containing five hundred milligrams or less of tetrahydrocannabinol, in the aggregate,
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77	77	to a person who is twenty-one years of age or older without remuneration,
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79	79	shall be a violation, punishable by a fine of $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.
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81	81	(3) For purposes of this section, a transfer of marijuana concentrate or marijuana-infused products shall be considered for remuneration if:
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83	83	(a) The marijuana concentrate or marijuana-infused products is given away contemporaneously with another transaction between the same parties;
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85	85	(b) A gift of marijuana concentrate or marijuana-infused products is offered or advertised in conjunction with an offer for sale of goods, services, or admission to an event; or
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87	87	(c) A gift of marijuana concentrate or marijuana-infused products is contingent upon a separate transaction for goods, services, or the price of admission to an event."
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89	89	SECTION 2. Section 329-43.5, Hawaii Revised Statutes, is amended to read as follows:
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91	91	"§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.
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93	93	(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.
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95	95	(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.
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97	97	(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.
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99	99	(e) Subsections (a) and (b) shall not apply to a person who is authorized to:
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101	101	(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
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103	103	(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.
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105	105	(f) Subsection (a) shall not apply to the possession of drug paraphernalia to:
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107	107	(1) Store, contain, or conceal; or
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109	109	(2) Inject, ingest, inhale, or otherwise introduce into the human body,
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111	111	marijuana."
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113	113	SECTION 3. Section 712-1240, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
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115	115	""Marijuana-infused product" means any product containing or derived from marijuana, including a marijuana concentrate."
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117	117	SECTION 4. Section 712-1244, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
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119	119	"(1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly:
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121	121	(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;
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123	123	(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;
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125	125	(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;
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127	127	(d) Distributes, except as provided in section 712- , 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
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129	129	(e) Distributes any harmful drug or any marijuana concentrate in any amount to a minor."
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131	131	SECTION 5. Section 712-1245, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
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133	133	"(1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly:
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135	135	(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;
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137	137	(b) Possesses, except as provided in section 712-1246.5 or 712- , 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
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139	139	(c) Distributes, except as provided in section 712- , any harmful drug or any marijuana concentrate in any amount."
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141	141	SECTION 6. Section 712-1246.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
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143	143	"(1) A person commits the offense of promoting a harmful drug in the fourth degree if the person knowingly possesses [any]:
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145	145	(a) Any harmful drug, except marijuana concentrate, in any amount[.];
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147	147	(b) Ten grams or more of marijuana concentrate; or
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149	149	(c) Marijuana-infused products containing one gram or more of tetrahydrocannabinol, in the aggregate."
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151	151	SECTION 7. Section 712-1247, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
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153	153	"(1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly:
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155	155	(a) Possesses four hundred or more capsules or tablets containing one or more of the Schedule V substances;
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157	157	(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;
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159	159	(c) Distributes fifty or more capsules or tablets containing one or more of the Schedule V substances;
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161	161	(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;
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163	163	(e) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one pound or more, containing any marijuana;
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165	165	(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;
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167	167	(g) Possesses, cultivates, or has under the person's control twenty-five or more marijuana plants; or
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169	169	(h) Sells or barters any marijuana or any Schedule V substance in any amount."
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171	171	SECTION 8. Section 712-1248, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
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173	173	"(1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:
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175	175	(a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;
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177	177	(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;
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179	179	(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; or
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181	181	(d) Distributes, except as provided in section 712-1249, any marijuana or any Schedule V substance in any amount."
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183	183	SECTION 9. Section 712-1249, Hawaii Revised Statutes, is amended to read as follows:
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185	185	"§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]:
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187	187	(a) Possesses any marijuana or any Schedule V substance in any amount[.];
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189	189	(b) Transfers one ounce or less of marijuana other than marijuana concentrate and marijuana-infused products to a person who is twenty-one years of age or older without remuneration; or
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191	191	(c) Smokes marijuana in a public place.
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193	193	(2) Promoting a detrimental drug in the third degree [is] shall be a petty misdemeanor; provided that [possession of three grams or less]:
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195	195	(a) Possession of one ounce or less of marijuana or transfer without remuneration of one ounce or less of marijuana [is] other than marijuana concentrate and marijuana-infused products shall be a violation, punishable by a fine of [$130.] $25. A person found responsible for a violation under this paragraph may request, and shall be granted, a penalty of two hours of community service in lieu of a fine; or
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197	197	(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 paragraph may request, and shall be granted, a penalty of up to ten hours of community service in lieu of a fine.
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199	199	(3) For purposes of this section, a transfer of marijuana shall be considered for remuneration if:
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201	201	(a) The marijuana is given away contemporaneously with another transaction between the same parties;
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203	203	(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
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205	205	(c) A gift of marijuana is contingent upon a separate transaction for goods, services, or the price of admission to an event."
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207	207	SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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209	209	SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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211	211	SECTION 12. This Act shall take effect upon its approval.
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215	215	INTRODUCED BY: _____________________________
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217	217	INTRODUCED BY:
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219	219	_____________________________
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225	225	Report Title: Marijuana; Paraphernalia; Possession; Transfer; Smoking; Decriminalization Description: Exempts drug paraphernalia for marijuana from certain penalties under the Uniform Controlled Substances Act. Lowers the penalties for the possession and transfer without remuneration of certain amounts of marijuana, marijuana concentrate, and marijuana-infused products. Makes smoking marijuana in a public place a violation under the offense of promoting a detrimental drug in the third degree. 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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231	231	Report Title:
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233	233	Marijuana; Paraphernalia; Possession; Transfer; Smoking; Decriminalization
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237	237	Description:
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239	239	Exempts drug paraphernalia for marijuana from certain penalties under the Uniform Controlled Substances Act. Lowers the penalties for the possession and transfer without remuneration of certain amounts of marijuana, marijuana concentrate, and marijuana-infused products. Makes smoking marijuana in a public place a violation under the offense of promoting a detrimental drug in the third degree.
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247	247	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.