HOUSE OF REPRESENTATIVES

 

 

AMENDMENT TO:

H.B. No. 1383 H.D. 1

 

OFFERED BY:

 

 

DATE:

MARCH 5, 2019

 

SECTION 1. House Bill No. 1383, H.D. 1, is amended by amending Section 1 (purpose section) by replacing the text on page 1, line 10 to page 2, line 5, with the following:

 

"(1) Decriminalize the possession of three grams or less of marijuana and establish that possession of that amount is an infraction punishable by a monetary fine of $200;

(2) Provide for the dismissal of criminal charges, and expungement of criminal records, pertaining solely to the possession of three grams or less of marijuana; and

(3) Establish a marijuana evaluation task force to make recommendations on changing marijuana use penalties and outcomes in the State."

 

SECTION 2. House Bill No. 1383, H.D. 1, is amended by amending Section 2 by deleting its contents and replacing it with the following:

 

"SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter    

MARIJUANA INFRACTIONS

   -1 Marijuana infraction. (a) A person commits a marijuana infraction if the person possesses three grams or less of marijuana.

(b) A person who commits a marijuana infraction shall pay a civil fine of $200.

(c) As used in this section, "marijuana" shall have the same meaning as in section 712-1240.""

 

SECTION 3. House Bill No. 1383, H.D. 1, is amended by amending Section 3 to read as follows:

 

"SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"712- Dismissal of pending charge of promoting a detrimental drug in the third degree. (1) Notwithstanding any other law to the contrary, a person charged prior to the effective date of this Act for the possession of marijuana under section 712-1249 arising from a set of facts and circumstances that resulted in no other criminal charge may apply to the court where the charge is pending for an order dismissing the charge; provided that the amount of marijuana alleged to have been in the person's possession was three grams or less.

(2) A person shall not be eligible for an order dismissing a charge pursuant to this section unless the person pays a fine of $200.

(3) The court shall grant an order dismissing the charge under subsection (1) upon a finding that the applicant is eligible for the order.

(4) In addition to the fine established under subsection (2), the court may establish a reasonable fee for an application under this section.

712- Expungement of record of promoting a detrimental drug in the third degree. (1) Notwithstanding any other law to the contrary, a person convicted prior to the effective date of this Act for the possession of marijuana under section 712-1249 arising from a set of facts and circumstances that resulted in no other criminal charge may apply to the court of conviction for an expungement order pertaining to the conviction for the offense; provided that the amount of marijuana for which the person was convicted of possessing was three grams or less.

(2) The court shall grant an expungement order under subsection (1) upon a finding that the applicant is eligible for the expungement.

(3) The court may establish a reasonable fee for an application under this section.""

 

SECTION 4. House Bill No. 1383, H.D. 1, is amended by deleting sections 4 through 16.

 

SECTION 5. House Bill No. 1383, H.D. 1, is amended by renumbering section 17 as section 4 and amending it to read as follows:

 

"SECTION 4. 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) More than three grams of any marijuana; or [any]

(b) Any Schedule V substance in any amount.

(2) Promoting a detrimental drug in the third degree is a petty misdemeanor.""

 

SECTION 6. House Bill No. 1383, H.D. 1, is amended by deleting sections 18 through 25.

 

SECTION 7. House Bill No. 1383, H.D. 1, is amended inserting a new Section 5 to read as follows:

 

"SECTION 5. (a) There shall be established a marijuana evaluation task force to be administratively attached to the department of the attorney general. The marijuana evaluation task force shall examine other states' laws, penalties, and outcomes pertaining to marijuana use, other than marijuana use for medical purposes, and make recommendations on amending marijuana use penalties and outcomes in the State.

(b) The marijuana evaluation task force shall comprise the following members or their designees:

(1) The chair of the senate standing committee on judiciary, who shall serve as a co-chair of the task force;

(2) The chair of the house standing committee on judiciary, who shall serve as a co-chair of the task force;

(3) The attorney general;

(4) The state public defender; and

(5) A prosecuting attorney to be selected by the co-chairs of the task force.

(c) The co-chairs of the task force may invite other interested parties to participate in the task force.

(d) The marijuana evaluation task force shall submit a report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the 2021 regular session.

(e) The marijuana evaluation task force shall be dissolved on June 30, 2021."

 

SECTION 8. House Bill No. 1383, H.D. 1, is amended by renumbering Sections 26 and 27 as Sections 6 and 7, respectively.

 

SECTION 9. House Bill No. 1383, H.D. 1, is amended by renumbering section 28 as section 8 and amending it to read as follows:

 

"SECTION 8. This Act shall take effect on January 11, 2084."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CARRIED

 

FAILED TO CARRY

 

WITHDRAWN

 

 

 

 

 

 

 

 

 

 

 

CHIEF CLERK, HOUSE OF REPRESENTATIVES