HOUSE OF REPRESENTATIVES	H.B. NO.	1501
TWENTY-NINTH LEGISLATURE, 2017
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 costs of enforcing these drug paraphernalia offenses as felonies are substantial.  According to an article published on the Civil Beat website on November 5, 2015, entitled "Hawaii is Spending Tens of Millions of Dollars to Lock up Low-Level Drug Offenders", one hundred sixty-seven individuals were being held by the State for violations of paraphernalia offenses as of September 30, 2015.  At an estimated cost of $140 per day, and with average sentences of more than two and a half years, these one hundred sixty-seven nonviolent offenders alone are costing the State more than $20,000,000.

     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] A violation of this [section is guilty of] subsection shall constitute 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.] 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] A violation of this [section is guilty of] subsection shall constitute 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.] 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 upon its approval.

INTRODUCED BY:

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Report Title:

Drug Paraphernalia; Possession and Delivery; Civil Violations

Description:

Changes drug paraphernalia possession and delivery offenses from felonies to civil violations.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.