THE SENATE	S.B. NO.	758
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

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 Statutory material to be repealed is bracketed and stricken.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.

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