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HB580
HOUSE OF REPRESENTATIVES
H.B. NO.
580
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to dangerous drugs
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section
712-1243, Hawaii Revised Statutes, is amended to read as follows:
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"
�712-1243
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Promoting a dangerous drug in the third
degree.
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(1)
�
A
person commits the offense of promoting a dangerous drug in the third degree if
the person knowingly possesses any dangerous drug in any amount.
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(2)
�
Promoting a dangerous drug in the third degree is a class C felony[
.
]
;
provided that, notwithstanding sections 706‑660 and 706-669 and any other
law to the contrary:
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(a)
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If a person is
convicted pursuant to this section and methamphetamine or fentanyl is the drug
upon which the conviction is predicated, the mandatory minimum term of
imprisonment shall be not less than one year and not greater than two years;
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(b)
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If a person has one prior conviction for
methamphetamine or fentanyl possession pursuant to this section; promoting a dangerous
drug in the first degree pursuant to section 712-1241 and methamphetamine or
fentanyl was the drug upon which the conviction was predicated; or section 712-1240.8,
as that section was in effect prior to July 1, 2016, the mandatory minimum term
of imprisonment shall be not less than two years and not greater than four
years;
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(c)
�
If a person has
two prior convictions for methamphetamine or fentanyl possession pursuant to
this section; promoting a dangerous drug in the first degree pursuant to
section 712-1241 and methamphetamine or fentanyl was the drug upon which the
conviction was predicated; or section 712-1240.8, as that section was in effect
prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not
less than five years and not greater than eight years; and
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(d)
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If a person has
three or more prior convictions for methamphetamine or fentanyl possession
pursuant to this section; promoting a dangerous drug in the first degree
pursuant to section 712-1241 and methamphetamine or fentanyl was the drug upon
which the conviction was predicated; or section 712-1240.8, as that section was
in effect prior to July 1, 2016, the mandatory minimum term of imprisonment
shall be ten years.
"
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SECTION 2.
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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 3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Sentencing;
Mandatory Minimum; Promoting Dangerous Drugs; Methamphetamine; Fentanyl
Description:
Establishes
a
mandatory minimum term of imprisonment for promoting a dangerous drug
in the third degree if the conviction is predicated on the possession of
methamphetamine or fentanyl, and progressive mandatory minimum terms of
imprisonment if the person has prior convictions predicated on the trafficking
of methamphetamine or the possession of methamphetamine or fentanyl.
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