Bill Text: HI HB544 | 2012 | Regular Session | Introduced
Bill Title: Marijuana Possession; Violation
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB544 Detail]
Download: Hawaii-2012-HB544-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
544 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MARIJUANA POSSESSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that scarce resources are currently expended by county and state law enforcement entities and judicial and detention facilities for enforcing marijuana possession laws. Amending the State's marijuana laws to make possession of less than one ounce a violation would permit law enforcement agencies to focus their resources on more serious drug issues, such as combating the ongoing ice epidemic. The legislature has previously classified simple possession of any amount of marijuana as a petty misdemeanor due to the relatively harmless nature of this substance compared to other illegal substances. While no psychoactive substance is completely without risk, many scientists concur with Judge Francis Young, an administrative law judge of the United States Department of Justice, Drug Enforcement Administration, who found, in 1988, that "marijuana is one of the safest therapeutically active substances known to man."
Current Hawaii law provides for a sentence of not more than thirty days of imprisonment for possession of less than an ounce of marijuana. Even a petty misdemeanor, however, is a crime. A criminal record based upon marijuana possession may impact an arrestee's future by rendering the person ineligible for federal college loans, certain types of employment, and military service. Twelve other states have recognized the advantages of downgrading possession of small amounts of marijuana to a violation instead of a crime. These states-–Alaska, California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, and Oregon--have not experienced disproportionate spikes in marijuana use since the enactment of these laws. A 1999 report by the National Academy of Sciences, Institute of Medicine, entitled "Marijuana and Medicine: Assessing the Science Base" noted: "In sum, there is little evidence that decriminalization of marijuana use necessarily leads to a substantial increase in marijuana use."
Given that the vast majority of possession charges under Hawaii's penal code are dealt with by fines, treating possession of less than an ounce of marijuana as a violation, punishable by a fine, provides a measure of deterrence and also demonstrates the State's disapproval of the use of the drug, while imposing a penalty that is proportional to the offense.
The purpose of this Act is to make possession by adults of less than one ounce of marijuana for personal use a violation.
This Act does not amend laws regarding driving under the influence of an intoxicant or other criminal infractions committed under the influence, possession by minors, or infractions pertaining to sales or manufacturing.
SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§712- Possession of marijuana. Possession of less than one ounce of marijuana by an adult is a violation and shall be subject to a fine of not more than $500."
SECTION 3. Section 712-1240, Hawaii Revised Statutes, is amended by amending the definition of "detrimental drug" to read as follows:
""Detrimental drug" means any
substance or immediate precursor defined or specified as a "Schedule V
substance" by chapter 329, or any marijuana[.]; provided that,
for purposes of section 712- , marijuana shall not be deemed a
detrimental drug."
SECTION 4. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) [A] Except for possession
of less than one ounce of marijuana by an adult, 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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Marijuana Possession; Violation
Description:
Reclassifies possession of less than one ounce of marijuana from a petty misdemeanor to a violation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
