THE SENATE

S.B. NO.

47

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to marijuana.

 

 

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

 


SECTION 1. 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 [one]:

(i) 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];

(ii) One or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the marijuana concentrates if the person is outside of the person's primary residence, or an aggregate weight of one ounce or more, containing one or more of the marijuana concentrates if the person is inside of the person's primary residence; or

(c) Distributes any harmful drug [or any marijuana concentrate] in any amount[.] or over five grams of any marijuana concentrate."

SECTION 2. 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]; [or]

(d) Distributes [any marijuana or] any Schedule V substance in any amount[.]; or

(e) Distributes any marijuana to an individual younger than twenty-one years of age."

SECTION 3. 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 [any]:

(a) Ten ounces or more of marijuana if the person is inside the person's primary residence or one ounce or more of marijuana if the person is outside the person's primary residence; or [any]

(b) Any Schedule V substance in any amount.

(2) Promoting a detrimental drug in the third degree is a petty misdemeanor[; provided that possession of three grams or less of marijuana is a violation, punishable by a fine of $130]."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Marijuana; Decriminalization

 

Description:

Decriminalizes without penalty possession of up to one ounce of marijuana or one-eighth ounce of marijuana concentrate outside of a personal residence and up to ten ounces of marijuana or one ounce of marijuana concentrate inside a personal residence. Removes the penalty for transferring up to one ounce of marijuana or five grams of marijuana concentrate to individuals twenty-one years of age or older.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.