THE SENATE

S.B. NO.

169

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to marijuana.

 

 

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

 


     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-    Personal use of marijuana or marijuana concentrate.  (a)  Notwithstanding any law to the contrary, a person shall not be subject to criminal prosecution for possession or distribution of marijuana or marijuana concentrate for personal use and in accordance with this section.

     (b)  The cultivation of marijuana plants for personal use shall be permitted; provided that:

     (1)  No more than ten marijuana plants, with five or fewer being mature, flowering plants, are cultivated on land zoned for residential purposes and not on any public lands;

     (2)  The marijuana plants are grown in an enclosed and locked space not grown openly or publicly; and

     (3)  The marijuana plants are not available for sale.

     (c)  A person who transfers or transports one ounce or less of marijuana or marijuana concentrate regardless of remuneration to another person who is twenty-one years of age or older for the purpose of personal use shall not be subject to criminal prosecution.

     (d)  A person who assists, advises, or abets another person who is twenty-one years of age or older in any action described under this section shall not be subject to criminal prosecution."

     SECTION 2.  Section 712-1240, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Personal use" means an amount of marijuana not exceeding one ounce that is used for private, personal, or recreational purposes by persons twenty-one years of age or older.  "Personal use" includes possession, use, display, purchase, transport, or transfer of marijuana or marijuana concentrate."

     2.  By amending the definition of "detrimental drug" to read:

     ""Detrimental drug" means any substance or immediate precursor defined or specified as a "Schedule V substance" by chapter 329, or any marijuana[.], except marijuana for personal use pursuant to section 712-  ."

     3.  By amending the definition of "harmful drug" to read:

     ""Harmful drug" means any substance or immediate precursor defined or specified as a "Schedule III substance" or a "Schedule IV substance" by chapter 329, or any marijuana concentrate, except marijuana concentrate for personal use pursuant to section 712-  , marijuana, and a substance specified in section 329-18(c)(14)."

     SECTION 3.  Section 712-1240.1, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1240.1  Defense to promoting.  (1)  It is a defense to prosecution for any offense defined in this part that the person who possessed or distributed the dangerous, harmful, or detrimental drug did so under authority of law as a practitioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person otherwise authorized by law.

     (2)  It is an affirmative defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana was authorized to possess or distribute the marijuana for medical purposes pursuant to part IX of chapter 329.

     (3)  It is a defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana or marijuana concentrate did so for personal use pursuant to section 712-  , except for possession by or distribution of marijuana or marijuana in any amount to a minor."

     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 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, including marijuana concentrate for personal use pursuant to section 712-  , in any amount to a minor."

     SECTION 5.  Section 712-1251, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

    "(2)  Subsection (1) does not apply to:

     (a)  Other occupants of the motor vehicle if the substance is found upon the person of one of the occupants therein;

     (b)  All occupants, except the driver or owner of the motor vehicle, if the substance is found in some portion of the vehicle normally accessible only to the driver or owner; [or]

     (c)  The driver of a motor vehicle who is at the time operating it for hire in the pursuit of the driver's trade, if the substance is found in a part of the vehicle used or occupied by passengers[.]; or

     (d)  All occupants if the substance found is marijuana or marijuana concentrate for personal use pursuant to section 712-  ."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Marijuana; Marijuana Concentrate; Personal Use

 

Description:

Allows the possession and distribution of marijuana or marijuana concentrate for personal use; provided that the amount of marijuana or marijuana concentrate does not exceed one ounce and is used for private, personal, or recreational purposes by persons twenty-one years of age or older.  Creates a defense to a marijuana-related offense if the marijuana or marijuana concentrate was for personal use, except for possession by or distribution to a minor.

 

 

 

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