REPORT TITLE:
Drug Paraphernalia


DESCRIPTION:
Provides that a person shall not be prosecuted for prohibited
acts related to drug paraphernalia if the person is charged with
a drug offense under chapter 712, part IV, based on the same
conduct or same episode.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2298
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO DRUGS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 329-43.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (a) and (b) to read as follows:
 
 3      "(a)  It is unlawful for any person to use, or to possess
 
 4 with intent to use, drug paraphernalia to plant, propagate,
 
 5 cultivate, grow, harvest, manufacture, compound, convert,
 
 6 produce, process, prepare, test, analyze, pack, repack, store,
 
 7 contain, conceal, inject, ingest, inhale, or otherwise introduce
 
 8 into the human body a controlled substance in violation of this
 
 9 chapter[.]; provided that a person shall not be prosecuted under
 
10 this subsection where the person is charged with any offense
 
11 under chapter 712, part IV, based on the same conduct or arising
 
12 from the same episode.  Any person who violates this section is
 
13 guilty of a class C felony and upon conviction may be imprisoned
 
14 pursuant to section 706-660 and, if appropriate as provided in
 
15 section 706-641, fined pursuant to section 706-640.
 
16      (b)  It is unlawful for any person to deliver, possess with
 
17 intent to deliver, or manufacture with intent to deliver, drug
 
18 paraphernalia, knowing, or under circumstances where one
 
19 reasonably should know, that it will be used to plant, propagate,
 
20 cultivate, grow, harvest, manufacture, compound, convert,
 

 
Page 2                                                     2298
                                     H.B. NO.           
                                                        
                                                        


 1 produce, process, prepare, test, analyze, pack, repack, store,
 
 2 contain, conceal, inject, ingest, inhale, or otherwise introduce
 
 3 into the human body a controlled substance in violation of this
 
 4 chapter[.]; provided that a person shall not be prosecuted under
 
 5 this subsection where the person is charged with any offense
 
 6 under chapter 712, part IV, based on the same conduct or arising
 
 7 from the same episode.  Any person who violates this section is
 
 8 guilty of a class C felony and upon conviction may be imprisoned
 
 9 pursuant to section 706-660 and, if appropriate as provided in
 
10 section 706-641, fined pursuant to section 706-640."
 
11      SECTION 2.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________