RELATING TO THE PROMOTION OF CONTROLLED SUBSTANCES.

HB2083

HOUSE OF REPRESENTATIVES

H.B. NO.

2083

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to the Promotion of Controlled Substances
.

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

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SECTION
1.
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The legislature finds that
homelessness is a growing concern not only in Hawaii but throughout the United
States.
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The United States Department of
Housing and Urban Development's 2024 annual assessment report, which provides
annual national estimates of homelessness rates to Congress, found that
homelessness increased by eighteen per cent from 2023 to 2024, accounting for
approximately seven hundred seventy thousand people experiencing homelessness
during that period.
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Among those
experiencing homelessness, sixty-four per cent were staying in sheltered
locations.

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Although
there is no singular direct cause of homelessness, there has been a correlation
between drug use and homelessness.
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Several homeless-service studies have been conducted and estimate
roughly thirty to forty per cent of people experiencing homelessness have a
substance use disorder, although these statistics vary from state to state.

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The
legislature further finds that within the State, according to the 2024 point-in-time
count and homeless point‑in‑time count conducted by Partners in
Care and Bridging the Gap Continuum of Care, there were an estimated 6,389
people experiencing homelessness.
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On
Oahu alone, there are 4,494 homeless individuals, and among them, twenty-six
per cent self‑reported a substance abuse problem.
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Thus, the legislature recognizes that
substance use is a considerable factor contributing to homelessness in Hawaii.
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As has been implemented in other states,
steps must be taken to intervene in the drug market that preys on this
vulnerable population.

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Accordingly,
the purpose of this Act is to amend section 712-1249.6, Hawaii Revised
Statutes, to create drug-free zones around facilities that offer housing,
shelter, or other assistance to homeless individuals.

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SECTION
2
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Section 712-1249.6, Hawaii Revised Statutes,
is amended to read as follows:

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"
�712-1249.6
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Promoting a controlled substance in, on, or near schools, school
vehicles, public parks,
homeless facilities,
or public housing projects
or complexes.
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(1)
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A person commits the offense of promoting a
controlled substance in, on, or near schools, school vehicles, public parks,
homeless
facilities,
or public housing projects or complexes if the person
knowingly:

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(a)
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Distributes or possesses with intent to
distribute a controlled substance in any amount in or on the real property
comprising a school, public park,
homeless facility,
or public housing
project or complex;

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(b)
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Distributes or possesses with intent to
distribute a controlled substance in any amount within seven hundred and fifty
feet of the real property comprising a school, public park,
homeless
facility,
or public housing project or complex;

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(c)
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Distributes or possesses with intent to
distribute a controlled substance in any amount while on any school vehicle, or
within ten feet of a parked school vehicle during the time that the vehicle is
in service for or waiting to transport school children; or

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(d)
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Manufactures methamphetamine or any of its
salts, isomers, and salts of isomers, within seven hundred and fifty feet of
the real property comprising a school, public park, or public housing project
or complex.

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(2)
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A person who violates subsection (1)(a), (b),
or (c) is guilty of a class C felony.
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A
person who violates subsection (1)(d) is guilty of a class A felony.

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(3)
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Any person with prior conviction or
convictions under subsection (1)(a), (b), or (c) is punishable by a term of
imprisonment of not less than two years and not more than ten years.

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(4)
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Any individual convicted under subsection (3)
of this section shall not be eligible for parole until the individual has
served the minimum sentence required by such subsection.

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(5)
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For the purposes of this section, "school
vehicle" means every school vehicle as defined in section 286-181 and any
regulations adopted pursuant to that section.

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(6)
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For purposes of this section, "school"
means any public or private preschool, kindergarten, elementary, intermediate,
middle secondary, or high school.

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(7)
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For purposes of this section, "public
housing project or complex" means a housing project directly controlled,
owned, developed, or managed by the Hawaii public housing authority pursuant to
the federal or state low-rent public housing program.

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(8)
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For purposes of this section, "homeless
facility" means a development designed to provide shelter for homeless
families or individuals pursuant to part XVII of chapter 346, and may include
emergency or transitional shelters.
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION
4.
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New statutory material is
underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Honolulu
Prosecuting Attorney Package; Criminal Offenses; Promoting Controlled
Substances; Homelessness; Drug-Free Zones; Housing; Shelter; Homeless
Facilities

Description:

Amends
the offense of promoting a controlled substance in, on, or near schools, school
vehicles, public parks, or public housing projects or complexes to include
homeless facilities.

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