HOUSE OF REPRESENTATIVES

H.B. NO.

1501

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DRUG PARAPHERNALIA.

 

 

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

 


     SECTION 1.  The legislature finds that the benefits of making the offenses of possession and delivery of drug paraphernalia civil violations far outweigh the benefits of the current felony criminal treatment of these offenses.

     The legislature further finds that state funds are better spent on community programs and rehabilitation of nonviolent, low-risk drug offenders, as envisioned by the diversion program created by Act 149, Session Laws of Hawaii 2014, the implementation of which is currently stalled.

     The legislature also finds that immigrants convicted of class C felonies are potentially deportable under current immigration laws.  Given the nation's gravely dysfunctional immigration system, this double jeopardy treatment of immigrants convicted of nonviolent drug paraphernalia offenses is severely disproportionate.

     Accordingly, the purpose of this Act is to decriminalize the possession and delivery of drug paraphernalia and, instead, to make these offenses civil violations.

     SECTION 2.  Section 329-43.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  Except as provided in subsection (e), it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.  [Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640.A violation of this subsection shall constitute a civil violation subject to a fine of $100.

     (b)  Except as provided in subsection (e), it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.  [Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640.]  A violation of this subsection shall constitute a civil violation subject to a fine of $100."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2099.


 


 

Report Title:

Drug Paraphernalia; Possession; Delivery; Civil Violations

 

Description:

Reclassifies drug paraphernalia possession and delivery offenses from felonies to civil violations.  (HB1501 HD1)

 

 

 

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