Report Title:

Drugs; drug paraphernalia

Description:

Removes loophole in drug paraphernalia law.

HOUSE OF REPRESENTATIVES

H.B. NO.

1975

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRUGS.

 

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

SECTION 1. The legislature finds that an increasing number of businesses are selling drug paraphernalia to the public. The legislature also finds that the current law making the sale of drug paraphernalia a criminal offense has a large loophole that makes it nearly impossible for perpetrators to be convicted. Requiring actual or reasonable knowledge that the paraphernalia will be used for use or cultivation of drugs allows a seller or provider of paraphernalia to escape prosecution by disavowing knowledge of the actual use of the paraphernalia. Even worse, a seller or provider of paraphernalia could escape prosecution by selling or providing the paraphernalia to an unsuspicious looking minor, then disavowing even reasonable knowledge that the paraphernalia would be used for illegal purposes. The purpose of this Act is to eliminate the loophole that protects drug paraphernalia dealers from prosecution.

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) It is 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. Any person who violates this section is 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.

(b) It is 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]. Any person who violates this section is 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.

(c) Any person eighteen years of age or over 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 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 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] promoting the sale of objects designed [or intended] for use as drug paraphernalia. Any person who violates this section is 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."

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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