RELATING TO CONTROLLED SUBSTANCES.

HB1549

HOUSE OF REPRESENTATIVES

H.B. NO.

1549

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO CONTROLLED SUBSTANCES
.

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

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SECTION 1.
�
The legislature finds that, in 1979, the
federal Drug Enforcement Administration promulgated a Model Drug Paraphernalia
Act, which led to the criminalization of drug paraphernalia under the laws of
most states, including Hawaii.

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The legislature further finds that a
growing body of legal and public health scholarship has called for the repeal
of state drug paraphernalia laws.
�
A
November 2019 article published in the
American Journal of Public Health

concluded that the full and immediate repeal of drug paraphernalia laws is
warranted to reduce opioid overdose deaths and related harms and would free
scarce public resources for evidence-based approaches to reducing drug-related
harm.
�
Similarly, an October 2022 article
published in the
New England Journal of Medicine
characterized drug paraphernalia
laws as harmful and unnecessary, finding that such laws reduce access to
safer-use supplies and are enforced disproportionately against people of color
and other marginalized groups.
�
That
article further urged federal leadership to encourage the repeal of drug
paraphernalia laws and to shift the legal environment from one that stigmatizes
and criminalizes people who use drugs to one that prioritizes their agency,
dignity, and health.
�
More recently, an
October 2024 column published by
The Network for Public Health Law

advocated for the repeal of state drug paraphernalia laws, citing worsened
health outcomes associated with continued criminalization.

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The legislature notes that leading
public health organizations have long recognized the harms caused by
criminalization-based drug policy.
�
In
its 2013 policy statement,
Defining and Implementing a Public Health
Response to Drug Use and Misuse
, the American Public Health Association
described the current "war on drugs" as a severely flawed approach
based on misplaced priorities and strategies, and observed that the domestic
drug war has been an engine of mass incarceration.
�
It further concluded that criminalization of
substance use stigmatizes people who use drugs, making it more difficult to
engage them in health care and other essential services, and therefore recommended
a full policy reorientation, including the end of criminal penalties for drug
possession and the decriminalization of people who use drugs.

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The legislature recognizes the
substantial evidence linking incarceration itself to poor health outcomes.
�
A 2018 report by the Robert Wood Johnson
Foundation,
Mass Incarceration Threatens Health Equity in America
, found
that incarcerated individuals face greater risks of chronic health conditions
both during incarceration and long after release.
�
The report further documents that
incarceration exposes people to conditions such as poor sanitation and
ventilation and the use of solitary confinement, all of which are detrimental
to long-term physical and mental health.

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As a result, some states have begun
to reevaluate their approach to drug paraphernalia laws.
�
In 2023, Minnesota became the first state to
repeal its drug paraphernalia laws entirely.
�

Hawaii has also taken steps toward reform.
�
Act 72, Session Laws of Hawaii 2017, reduced
the offense of simple possession or use of drug paraphernalia from a class C
felony to a violation, punishable by a fine of no more than $500.

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Despite this reform, possession of
drug paraphernalia continues to serve as an entry point into the criminal legal
system.
�
Possession of even unusable
traces or residue of certain controlled substances, often found on drug
paraphernalia, remains classified as a class C felony, carrying a potential
penalty of up to five years' imprisonment and a $10,000 fine.

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Furthermore, Hawaii continues to
maintain some of the longest probation terms in the nation.
�
According to a December 2020 report from the
Pew Charitable Trusts,
States Can Shorten Probation and Protect Public
Safety
, Hawaii has the longest average term of probation in the United
States at fifty-nine months, well over twice the national average of just under
two years and six times the average term of Kansas.

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Significant disparities persist throughout
Hawaii's criminal legal system, reflecting broader patterns of unequal
treatment and enforcement.
�
Drug law
enforcement in Hawaii, like the larger operation of the criminal legal system,
continues to disproportionately impact Native Hawaiian residents and
families.
�
People from under-resourced
communities, including those who are unhoused, are also subject to
disproportionate involvement in the criminal legal system across the State.

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In recognition of these ongoing racial
inequities, the legislature adopted House Concurrent Resolution No. 112,
S.D. 1, Regular Session of 2021, unequivocally declaring racism to be an
ongoing public health crisis and committing to "dismantle all forms of
racism [and] its impacts on the delivery and implementation of human and social
services, economic development, health care, and public safety".

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This Act is intended to help ensure
the efficacy of Hawaii's ongoing public health efforts to prevent accidental and
fatal overdoses and the transmission of the human immunodeficiency virus (HIV)
and hepatitis C; facilitate the expansion of harm reduction-based interventions
for under-resourced populations; and reduce the involvement of individuals with
behavioral health challenges in the State's criminal legal system, which
disproportionately impacts Native Hawaiian residents and families.

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The purpose of this Act is to repeal
the law prohibiting drug paraphernalia under the uniform controlled substances
act.

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SECTION
2
.
�
Section 325-21,
Hawaii Revised Statutes, is amended by amending subsection (c) to read as
follows:

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"(c)
�
The sale or purchase of sterile hypodermic
syringes under subsection (a) shall not constitute [
an
]
a criminal

offense [
under section 329-43.5
]."

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SECTION
3
.
�
Section
325-114, Hawaii Revised Statutes, is amended by amending subsections (a) and
(b) to read as follows:

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"
(a)
�
Possession or delivery of needles or syringes
shall not constitute [
an
]
a criminal
offense [
under section
329-43.5
] for program staff acting in the course and scope of official
duties; provided that delivery is limited to other program staff or to syringe
exchange participants pursuant to this part.
�

Possession of needles or syringes shall not constitute [
an
]
a
criminal
offense [
under section 329-43.5
] for syringe exchange
participants participating in a program visit.

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(b)
�
Possession or delivery of authorized objects
shall not constitute [
an
]
a criminal
offense [
under section
329-43.5
] for program staff acting in the course and scope of official
duties; provided that delivery is limited to other program staff or to syringe
exchange participants pursuant to this part.
�

Possession of authorized objects shall not constitute [
an
]
a
criminal
offense [
under section 329-43.5
] for syringe exchange
participants participating in a program visit.
�

The department shall establish a specific list of authorized objects,
which may be updated from time to time as needed.
"

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SECTION
4
.
�
Section 353-66,
Hawaii Revised Statutes, is amended by amending subsection (f) to read as
follows:

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"(f)
�
The Hawaii paroling authority may require a
paroled prisoner to undergo and complete a substance abuse treatment program
when the paroled prisoner has committed a violation of the terms and conditions
of parole involving possession or use, not including to distribute or
manufacture as defined in section 712-1240, of any dangerous drug, detrimental
drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate,
as defined in section 712-1240,
or
unlawful methamphetamine trafficking
as provided in section 712-1240.6[
, or involving possession or use of drug
paraphernalia under section 329-43.5
].
�

If the paroled prisoner fails to complete the substance abuse treatment
program or the Hawaii paroling authority determines that the paroled prisoner
cannot benefit from any substance abuse treatment program, the paroled prisoner
shall be subject to revocation of parole and return to incarceration.
�
As a condition of parole, the Hawaii paroling
authority may require the paroled prisoner to:

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(1)
�
Be assessed by a
certified substance abuse counselor for substance abuse dependency or abuse
under the applicable Diagnostic and Statistical Manual and Addiction Severity
Index;

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(2)
�
Present a proposal
to receive substance abuse treatment in accordance with the treatment plan
prepared by a certified substance abuse counselor through a substance abuse
treatment program that includes an identified source of payment for the
treatment program;

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(3)
�
Contribute to the
cost of the substance abuse treatment program; and

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(4)
�
Comply with any
other terms and conditions for parole.

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As used in this subsection,
"substance abuse treatment program" means drug or substance abuse
treatment services provided outside a correctional facility by a public,
private, or nonprofit entity that specializes in treating persons who are diagnosed
with having substance abuse or dependency and preferably employs licensed
professionals or certified substance abuse counselors.

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Nothing in this subsection shall be
construed to give rise to a cause of action against the State, a state
employee, or a treatment provider."

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SECTION
5
.
�
Section
706-622.5, Hawaii Revised Statutes, is amended by amending subsection (1) to
read as follows:

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"(1)
�
Notwithstanding section 706-620(3), a person
convicted for the first or second time for [
any offense under section
329-43.5, except offenses under subsections (a) and (b) of that section which
constitute violations, involving the possession or use of drug paraphernalia or
]
any felony offense under part IV of chapter 712 involving the possession or use
of any dangerous drug, detrimental drug, harmful drug, intoxicating compound,
marijuana, or marijuana concentrate, as defined in section 712‑1240, but
not including any offense under part IV of chapter 712 involving the
distribution or manufacture of any such drugs or substances and not including
any methamphetamine offenses under sections 712‑1240.7, 712‑1240.8
as that section was in effect before July 1, 2016, 712-1241, and 712-1242, [
is
]

shall be
eligible to be sentenced to probation under subsection (2) if
the person meets the following criteria:

����
(a)
�
The court has
determined that the person is nonviolent after reviewing the person's criminal
history, the factual circumstances of the offense for which the person is being
sentenced, and any other relevant information;

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(b)
�
The person has
been assessed by a certified substance abuse counselor to be in need of
substance abuse treatment due to dependency or abuse under the applicable
Diagnostic and Statistical Manual and Addiction Severity Index; and

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(c)
�
Except for those
persons directed to substance abuse treatment under the supervision of the drug
court, the person presents a proposal to receive substance abuse treatment in
accordance with the treatment plan prepared by a certified substance abuse counselor
through a substance abuse treatment program that includes an identified source
of payment for the treatment program."

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SECTION
6
.
�
Section
706-625, Hawaii Revised Statutes, is amended by amending subsection (6) to read
as follows:

����
"(6)
�
The court may require a defendant to undergo
and complete a substance abuse treatment program when the defendant has
committed a violation of the terms and conditions of probation involving
possession or use, not including to distribute or manufacture as defined in
section 712-1240, of any dangerous drug, detrimental drug, harmful drug,
intoxicating compound, marijuana, or marijuana concentrate, as defined in
section 712-1240,
or
unlawful methamphetamine trafficking as provided in
section 712-1240.6[
, or involving possession or use of drug paraphernalia
under section 329-43.5
].
�
If the
defendant fails to complete the substance abuse treatment program or the court
determines that the defendant cannot benefit from any other suitable substance
abuse treatment program, the defendant shall be subject to revocation of
probation and incarceration.
�
The court
may require the defendant to:

����
(a)
�
Be assessed by a
certified substance abuse counselor for substance abuse dependency or abuse
under the applicable Diagnostic and Statistical Manual and Addiction Severity
Index;

����
(b)
�
Present a proposal
to receive substance abuse treatment in accordance with the treatment plan
prepared by a certified substance abuse counselor through a substance abuse
treatment program that includes an identified source of payment for the
treatment program;

����
(c)
�
Contribute to the
cost of the substance abuse treatment program; and

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(d)
�
Comply with any
other terms and conditions of probation."

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SECTION
7
.
�
Section
329-43.5, Hawaii Revised Statutes, is repealed.

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["
�329-43.5
�
Prohibited acts
related to drug paraphernalia.
�
(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.
�
A violation of this subsection shall
constitute a violation subject to a fine of no more than $500.

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(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.
�

A violation of this subsection shall constitute a violation subject to a
fine of no more than $500.

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(c)
�
Any person eighteen years of age or over who
violates subsection (b) by delivering drug paraphernalia to a person or persons
under eighteen years of age who are at least three years younger than that
adult person is guilty of a class B 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.

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(d)
�
It is unlawful for any person to place in any
newspaper, magazine, handbill, or other publication any advertisement, knowing
or under circumstances where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote the sale of objects
designed or intended for use as drug paraphernalia.
�
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.

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(e)
�
Subsections (a) and (b) shall not apply to a
person who is authorized to:

����
(1)
�
Acquire,
possess, cultivate, use, distribute, or transport cannabis pursuant to the
definition of "medical use" under section 329-121, while the person
is facilitating the medical use of cannabis by a qualifying patient; or

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(2)
�
Dispense,
manufacture, or produce cannabis or manufactured cannabis products pursuant to
and in compliance with chapter 329D, while the person is facilitating the
medical use of cannabis by a qualifying patient pursuant to part IX of chapter
329.
"]

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SECTION
8.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 9.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Controlled
Substances; Drug Paraphernalia; Repeal

Description:

Repeals
the law prohibiting drug paraphernalia under the Uniform Controlled Substances
Act.

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