Report Title:

Marijuana

Description:

Decriminalizes possession of less than 1 ounce of marijuana. Imposes a maximum fine of $100.

THE SENATE

S.B. NO.

1056

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO POSSESSION OF MARIJUANA.

 

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

SECTION 1. The legislature finds that county and state police entities, the judiciary, and correctional facilities currently expend scarce resources for enforcing marijuana possession laws. Amending the State's marijuana laws to make possession of less than one ounce a civil violation would permit law enforcement to focus their resources on more serious drug issues such as combating the ongoing ice epidemic. The legislature has previously classified simple possession of marijuana as a petty misdemeanor due to the relatively harmless nature of this substance compared to other commonly used illegal substances. While no psychoactive substance is completely without risk, many scientists concur with Francis Young, a Drug Enforcement Administration administrative judge, who in 1987 found 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 for first time possession of less than an ounce of marijuana. Even a petty misdemeanor, however, is a crime. The criminal record thus obtained may impact arrestees' futures by rendering them ineligible for federal college loans, for certain types of employment, and for military service. Twelve other states have recognized the advantages of downgrading possession of small amounts of marijuana to a civil 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. According to a 1999 report entitled "Marijuana and Medicine: Assessing the Science Base," the National Academy of Sciences, Institute of Medicine, concluded that "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 the penal code are dealt with by fines in any event, treating possession of less than an ounce of marijuana as a violation, punishable by a civil fine, provides some deterrence and demonstrates our State's disapproval of the use of the drug while instating a penalty that is proportional to the offense.

This purpose of this Act is to provide civil penalties for possession of less than an ounce of marijuana for personal use by adults over the age of eighteen. This Act does not amend laws regarding driving under the influence of marijuana 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. Intentional or knowing possession of less than one ounce of marijuana by any person age eighteen or more shall constitute a violation subject to a fine not to exceed $100."

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[.], except 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, 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. 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:

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