Bill Text: HI HB1192 | 2010 | Regular Session | Introduced
Bill Title: Possession of Marijuana; Civil Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1192 Detail]
Download: Hawaii-2010-HB1192-Introduced.html
Report Title:
Possession of Marijuana; Civil Penalties
Description:
Makes the possession of less than one ounce of marijuana a civil offense and imposes fines. Requires persons under eighteen years of age against whom a civil judgment is entered to complete a drug awareness program.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1192 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MARIJUANA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Prohibited Acts
related to possession of marijuana
§329-A Possession of marijuana; civil offense. Notwithstanding any other provision of law, the possession of less than one ounce of marijuana shall be a civil offense.
§329-B Suits by the State. The attorney general may bring a civil action on behalf of the State, against any person who possesses marijuana in violation of this part.
§329-C Penalties for offenders who are at least eighteen years of age. Any person who is at least eighteen years of age against whom a civil judgment is entered on a complaint alleging that the person possessed less than one ounce of marijuana shall be subject to:
(1) A civil fine of $100 for each offense; and
(2) Forfeiture of the marijuana in accordance with section 329-55.
§329-D Penalties for offenders who are less than eighteen years of age. Any person who is less than eighteen years of age against whom a civil judgment is entered on a complaint alleging that the person possessed less than one ounce of marijuana shall be subject to:
(1) A civil fine of up to $100 for each offense; provided that within one year of the date the civil judgment is entered, the person completes a drug awareness program described in section 329-E;
(2) A civil fine of $1,000 for each offense, if the person fails to complete a drug awareness program described in section 329-E within one year of the date the civil judgment is entered against the person; and
(3) Forfeiture of the marijuana in accordance with section 329-55.
§329-E Drug awareness program for youth. (a) A person who is less than eighteen years of age shall be required to complete a drug awareness program within one year of the date the civil judgment is entered against the person.
(b) The drug awareness program shall provide at least four hours of classroom instruction or group discussion and ten hours of community service.
(c) A parent or legal guardian of the person who is less than eighteen years of age shall file with the court a certificate that the offender has completed a drug awareness program in accordance with this section. The certificate shall be filed within one year of the date on which the civil judgment was entered. If no certificate is filed within one year, the clerk of the court shall notify the person against whom the judgment was entered of a hearing to show cause why the civil fine should not be increased to $1,000. Factors to be considered in weighing cause shall be limited to the financial ability to pay the increased fine, the ability to participate in a drug awareness program, and the availability of a drug awareness program."
SECTION 2. Section 329-59, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The fund shall consist of all moneys
derived from fees collected pursuant to sections 329-31, 329-67, [and]
329-123(b), 329-C, and 329-D and legislative appropriations. All fees
collected pursuant to sections 329-31, 329-67, [and] 329-123(b), 329-C,
and 329-D shall be deposited in the controlled substance registration
revolving fund."
SECTION 3. Section 352D-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Beginning July 1, 1991, the]
The office of youth services shall create, develop, and operate youth
service centers throughout the State including one or more in each county.
This may be done either directly or by contract with private parties.
Delinquency prevention shall be a primary objective of these centers. The
population eligible for services at the centers [would] shall be
all youths in need of services. Centers [would also] shall
develop individualized intake capabilities, program plans, delivery of
services, and a comprehensive referral network. The objectives of the youth
service centers shall be to:
(1) Develop and implement programs in delinquency prevention;
(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system;
(3) Develop an improved system of intake, assessment,
and follow-up for youths; [and]
(4) Provide better coordination of juvenile justice
and nonjuvenile justice services in order to reduce overlaps and gaps in
services[.]; and
(5) Develop and implement a drug awareness program that shall include but not be limited to the use and abuse of marijuana and other controlled substances with particular emphasis on early detection and prevention of abuse of substances. The program shall meet the requirements of section 329-E."
SECTION 4. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Notwithstanding section 706-620(3), a person convicted for the first time for any offense under section 329-43.5 involving the possession or use of drug paraphernalia or any felony offense under part IV of chapter 712 involving the possession or use of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, one ounce or more of marijuana, or marijuana concentrate, as defined in section 712-1240, but not including any offense under part IV of chapter 712 involving the distribution or manufacture of any such drugs or substances and not including any methamphetamine trafficking offenses under sections 712-1240.7 and 712-1240.8, is eligible to be sentenced to probation under subsection (2) if the person meets the following criteria:
(a) The court has determined that the person is nonviolent after reviewing the person's criminal history, the factual circumstances of the offense for which the person is being sentenced, and any other relevant information;
(b) The person has been assessed by a certified substance abuse counselor to be in need of substance abuse treatment due to dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index; and
(c) Except for those persons directed to substance abuse treatment under the supervision of the drug court, the person presents a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program."
SECTION 5. Section 712-1249, 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 third degree if the person knowingly
possesses [any marijuana or] any Schedule V substance in any amount."
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. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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.
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INTRODUCED BY: |
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