Bill Text: HI HB2082 | 2020 | Regular Session | Introduced
Bill Title: Relating To Marijuana Offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-27 - Referred to JUD, FIN, referral sheet 5 [HB2082 Detail]
Download: Hawaii-2020-HB2082-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2082 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Marijuana OFFENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii should be protected from suffering the dangers and risks increasingly occurring in states which have endorsed the possession and use of marijuana through means of decriminalization and legalization.
The legislature also finds the Substance Abuse and Mental Health Services Administration (SAMHSA, a federal government agency, has found that marijuana use at a young age results in a permanent loss of up to eight IQ points.
The legislature further finds a National Highway Traffic Safety Administration (NHTSA) report on the effects of Marijuana-Impaired Driving stated there were strong indications that marijuana causes slow reaction times, difficulties with road tracking, and impaired decision-making functions - all necessary skills to engage on our roads in a safe manner. Evidence of these effects can be seen in states where marijuana is legal, such as Colorado, which report a rise in marijuana-related auto fatalities.
The legislature also finds the Insurance Institute for Highway Safety(IIHS)issued a status report on the legalization of marijuana showing a six per cent increase in vehicle collisions in states that have legalized recreational marijuana.
The legislature further finds a recent poll of the National Sherriff's Association showed seventy-four per cent of members believe they need an increase in personnel, resources, and training to handle the increase in marijuana use. Additionally, sixty-five per cent believe crime has increased in states where marijuana has been legalized.
The legislature also finds the state's youth is at risk by decriminalizing marijuana. According to the Center for Disease Control and Prevention, the dangers associated with marijuana use include falling into addiction, permanent impact on brain development, and decline in school performance. The current law to decriminalize small amounts of marijuana is an encouragement for the possession of marijuana and ignores the dangers to the mental, physical and overall wellbeing of those impacted.
The legislature finds that due to the negative statistics originating from states where marijuana has recently become legal, that decriminalizing small amounts of marijuana unnecessarily expedites a process that should only be undertaken after careful research and consideration. In effect, the de facto legalization of marijuana should be stopped until it is certain that the state will not be impacted negatively. The purpose of this Act is to safeguard the public and ward off the dangers that come with decriminalizing marijuana.
SECTION 2. Section 706-622.5, Hawaii Revised Statutes is amended to read as follows:
"§706-622.5 Sentencing for drug offenders; expungement. (1) Notwithstanding section 706-620(3), a person convicted for the first or second time for any offense under section 329-43.5, except offenses under subsections (a) and (b) of that section which constitute violations, 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, 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 offenses under sections 712‑1240.7, 712‑1240.8 as that section was in effect before July 1, 2016, 712-1241, and 712-1242, 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.
(2) A person eligible under subsection (1) may be sentenced to probation to undergo and complete a substance abuse treatment program if the court determines that the person can benefit from substance abuse treatment and, notwithstanding that the person would be subject to sentencing as a repeat offender under section 706-606.5, the person should not be incarcerated to protect the public. If the person fails to complete the substance abuse treatment program and the court determines that the person cannot benefit from any other suitable substance abuse treatment program, the person shall be subject to sentencing under the applicable section under this part. As a condition of probation under this subsection, the court may direct the person to undergo and complete substance abuse treatment under the supervision of the drug court if the person has a history of relapse in treatment programs. The court may require other terms and conditions of probation, including requiring that the person contribute to the cost of the substance abuse treatment program, comply with deadlines for entering into the substance abuse treatment program, and reside in a secure drug treatment facility.
(3) For the purposes of this section, "substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with having substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors.
(4) Upon written application from a person sentenced under this part or a probation officer, the court shall issue a court order to expunge the record of conviction for that particular offense; provided that a person has successfully completed the substance abuse treatment program and complied with other terms and conditions of probation. A person sentenced to probation under this section who has not previously been sentenced under this section shall be eligible for one time only for expungement under this subsection.
[(5)]
Upon motion from a person convicted for the possession of marijuana under
section 712-1249 arising from a set of facts and circumstances that resulted in
no other criminal charge, the court shall grant 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.]
[(6)] (5) Nothing in this section
shall be construed to give rise to a cause of action against the State, a state
employee, or a treatment provider. "
SECTION 3. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"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 marijuana or 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Marijuana; Public Health; Public Safety; Youth; Protection
Description:
Reinstates the protection for the public by repealing the decriminalization of the possession of three grams or less of marijuana and re-establishes the classification of a petty misdemeanor to deter the harm marijuana causes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
