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HB891
HOUSE OF REPRESENTATIVES
H.B. NO.
891
THIRTY-THIRD LEGISLATURE, 2025
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
329-43.5, Hawaii Revised Statutes, is amended to read as follows:
����
"
�329-43.5
�
Prohibited acts
related to drug paraphernalia.
�
(a)
�
Except as provided in [
subsection
]
subsections
(e)[
,
]
and (f),
it [
is
]
shall be
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.
����
(b)
�
Except as provided in subsection (e), it [
is
]
shall be
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.
����
(c)
�
Any person eighteen years of age or [
over
]
older
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
]
shall be
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.
����
(d)
�
It [
is
]
shall be
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
]
shall be
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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(f)
�
Subsection (a) shall not apply to the
possession of drug paraphernalia to:
����
(1)
�
Store, contain,
or conceal; or
����
(2)
�
Inject, ingest,
inhale, or otherwise introduce into the human body,
marijuana.
"
����
SECTION
2
.
�
Section
712-1246.5, Hawaii Revised Statutes, is amended by amending subsection (2) to
read as follows:
����
"(2)
�
Promoting a harmful drug in the fourth degree
[
is
]
shall be
a misdemeanor[
.
]
; provided that:
����
(a)
�
Possession of
one or more preparations, compounds, mixtures, or substances containing more
than five grams of marijuana concentrate shall be a petty misdemeanor; and
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(b)
�
Possession of
one or more preparations, compounds, mixtures, or substances containing up to
or equal to five grams of marijuana concentrate shall be a violation,
punishable by a fine of $25.
A person found responsible for a violation under
this section may request, and shall be granted, a penalty of up to two hours of
community service in lieu of a fine.
"
����
SECTION
3
.
�
Section
712-1249, Hawaii Revised Statutes, is amended to read as follows:
����
"
�712-1249
�
Promoting a detrimental drug in the third
degree.
�
(1)
�
A
person commits the offense of promoting a detrimental drug in the third degree
if [
the
]
:
����
(a)
�
The
person
knowingly possesses any marijuana or any Schedule V substance in any amount[
.
]
;
or
����
(b)
�
Smokes
marijuana in a public place.
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(2)
�
Promoting a detrimental drug in the third degree [
is
]
shall be
a petty misdemeanor; provided that [
possession of three grams or less of
]
:
����
(a)
�
Possession of one or more preparations,
compounds, mixtures, or substances, of an aggregate weight of:
���������
(i)
�
Up to one ounce, containing any
marijuana [
is
]
; or
��������
(ii)
�
Within a person's private residence only,
up to ten ounces, containing any marijuana produced by the person's personal
cultivation of marijuana; provided that at any private residence, regardless of
the number of people residing there, the total amount of preparations,
compounds, mixtures, or substances containing any marijuana shall not exceed an
aggregate weight of two pounds,
���������
shall be
a violation, punishable by a fine
of [
$130.
]
$25.
�
A person found
responsible for a violation under this section may request, and shall be
granted, a penalty of up to two hours of community service in lieu of a fine;
and
����
(b)
�
Smoking marijuana in a public place shall
be a violation, punishable by a fine of up to $130.
�
A person found responsible for a violation
under this paragraph may request, and shall be granted, a penalty of up to ten
hours of community service in lieu of a fine.
"
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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Marijuana;
Marijuana Concentrate; Decriminalization
Description:
Decriminalizes
the possession of drug paraphernalia relating to marijuana; possession of a
certain amount of marijuana concentrate; and the possession of a certain amount
of marijuana and smoking of marijuana in a public place.
�
Lowers the criminal penalty for the
possession of a certain amount of marijuana concentrate from a misdemeanor to a
petty misdemeanor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.