THE SENATE |
S.B. NO. |
758 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MARIJUANA.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:
"(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] one ounce
or less."
SECTION 2. Section 712-1249, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2)
Promoting a detrimental drug in the third degree is a petty misdemeanor;
provided that possession of [three grams] one ounce or less of marijuana
is a violation, punishable by a fine of $130."
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 Statutory material to be repealed is bracketed and stricken.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:
Marijuana; Penal Code; Violation; Criminal Records; Expungement
Description:
Increases from 3 grams to 1 ounce: (1) the minimum amount of marijuana that a defendant must possess to be charged with a petty misdemeanor; and (2) the maximum amount of marijuana that a defendant convicted of possessing marijuana could have possessed without being disqualified from the subsequent expungement of the record of that conviction.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.