reglab/housing_qa huggingface dataset:
HI Rev Stat § 329-56 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-56 Burden of proof; liabilities.

 §329-56 Burden of proof; liabilities. (a) It is not necessary for the State to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.  (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.  (c) No liability is imposed by this chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties. [L 1972, c 10, pt of §1; gen ch 1985]
HI Rev Stat § 329-57 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-57 Judicial review.

 §329-57 Judicial review. All final determinations, findings and conclusions of the department of public safety under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to chapter 91. Findings of fact by the department of public safety, if supported by substantial evidence, are conclusive. [L 1972, c 10, pt of §1; am L 1990, c 281, §10]
HI Rev Stat § 329-58 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-58 Education and research.

  §329-58 Education and research. (a) The department of public safety shall carry out educational programs designed to prevent and determine misuse and abuse of controlled substances. In connection with these programs it may:  (1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;  (2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;  (3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;  (4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;  (5) Disseminate the result of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;  (6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.  (b) The department of public safety may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are subjects of research for which the authorization was obtained.  (c) The department of public safety may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L Sp 1993, c 8, §54; am L 2004, c 216, §38]
HI Rev Stat § 329-59 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-59 Controlled substance registration revolving fund; established.

  §329-59 Controlled substance registration revolving fund; established. (a) There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director of public safety for the purpose of:  (1) Offsetting the cost of the electronic prescription accountability system, investigation of violations of this chapter, the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State;  (2) Funding positions authorized by the legislature by law; and  (3) Funding the narcotics enforcement division's forensic drug laboratory facility.  (b) The fund shall consist of all moneys derived from fees collected pursuant to sections 329-31 and 329-67 and legislative appropriations. All fees collected pursuant to sections 329-31 and 329-67 shall be deposited in the controlled substance registration revolving fund. [L 1996, c 268, §3; am L 1999, c 252, §6; am L 2002, c 165, §5; am L 2008, c 119, §2; am L 2013, c 177, §3]
HI Rev Stat § 329-62 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-62 Proper identification.

 §329-62 Proper identification. (a) Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of the State any substance specified in section 329-61 prior to selling, transferring, or otherwise furnishing any substance specified in section 329-61 to a person in this State, shall require proper identification from the purchaser.  (b) For the purposes of this section, "proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser which contains a photograph of the purchaser; the residential or mailing address of the purchaser other than a post office box number, or the tax map key number if no other address is available; the motor vehicle license number of any motor vehicle owned or operated by the purchaser; a letter of authorization from the business for which any substance specified in section 329-61 is being furnished, which includes the general excise license number and address of the business; a full description of how the substance is to be used; and the signature of the purchaser. The person selling, transferring, or otherwise furnishing any substance specified in section 329-61 shall sign as a witness to the signature and identification of the purchaser.  (c) Any manufacturer, wholesaler, retailer or other person who does not obtain the proper identification as required by this section shall be fined not more than $5,000, or imprisoned not more than thirty days, or both. [L 1990, c 200, pt of §1]
HI Rev Stat § 329-63 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-63 Person required to keep records and file reports.

  §329-63 Person required to keep records and file reports. (a) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, receives, or brings in from outside the State, or otherwise furnishes a substance specified in section 329-61, or an encapsulating or tableting machine shall keep a record of each transaction for a period of two years after the date of transaction.  (b) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, receives, or brings in from outside the State, or otherwise furnishes a substance specified in section 329-61, for use by a person in this State shall report to the administrator the following:  (1) Any regulated transaction involving:  (A) An above threshold quantity;  (B) Any suspicious or out-of-the-ordinary quantity of a chemical listed in [section] 329-61;  (C) An uncommon method of payment or delivery; or  (D) Any other circumstances that the regulated person believes may indicate that the regulated chemical will be used in violation of this part;  (2) Any proposed regulated transaction with a person whose description or other identifying characteristics the department has previously furnished to the regulated person;  (3) Any unusual or excessive loss or disappearance of a regulated chemical listed under section 329-61 that is under the control of the regulated person, to include exempted items. The regulated person responsible for reporting a loss in-transit is the supplier;  (4) Any regulated transaction of a tableting machine or an encapsulating machine; and  (5) All single entity ephedrine transactions.  (c) The department of public safety shall provide a common reporting form for the substances in section 329-61 that contains at least the following information:  (1) Name of the substance;  (2) Quantity of the substance sold, transferred, or furnished;  (3) The date the substance was sold, transferred, or furnished;  (4) The name and address of the person buying or receiving the substance; and  (5) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing such substance.  (d) Each report submitted pursuant to subsection (b) of this section, whenever possible, shall be made orally to the department at the earliest practicable opportunity after the regulated person becomes aware of the circumstances involved and as much in advance of the conclusion of the transaction as possible. A written report shall also be submitted to the department following an oral report. [L 1990, c 200, pt of §1; am L 1999, c 252, §9]
HI Rev Stat § 329-64 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-64 Exceptions.

  §329-64 Exceptions. (a) The requirements imposed by sections 329-62 and 329-63(a) of this part shall not apply to any of the following:  (1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;  (2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to patients;  (3) Any manufacturer or wholesaler licensed by the State who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian; and  (4) Any sale, transfer, furnishing, or receipt of any drug that contains pseudoephedrine or norpseudoephedrine that is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 United States Code section 301 et seq.) or regulations adopted thereunder as long as it complies with the requirements of sections 329-73, 329-74, and 329-75.  (b) Notwithstanding the exceptions created by subsection (a) of this section, any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise distributes in this State any list 1 or list 2 chemical, as defined in section 329-61, and who is required to register with the federal Drug Enforcement Administration as a list I chemical distributor under federal law (or who registers as a controlled substance distributor in lieu thereof), shall submit a copy of that registration application to the department of public safety. When such application is granted, the distributor shall file a copy of the federal Drug Enforcement Administration List I Chemical Registration (or Controlled Substance Registration) with the department. The distributor shall also file with the department a duplicate copy of any reports required under federal law at the same time as such reports are filed with the federal Drug Enforcement Administration for any transactions involving list I chemicals that shall be shipped into or otherwise transferred or distributed in this State.  (c) The exceptions set forth in subsection (a) of this section shall not be a defense to any offense as set forth in section 329-65(c) and (d). [L 1990, c 200, pt of §1; am L 1999, c 252, §10; am L 2006, c 171, §2; am L 2010, c 123, §6]
HI Rev Stat § 329-65 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-65 Penalty.

  §329-65 Penalty. (a) Any manufacturer, wholesaler, retailer, or other person who does not submit a report as required by section 329-63 or who knowingly submits a report with false or fictitious information shall be fined not more than $5,000, or imprisoned not more than thirty days, or both.  (b) Any manufacturer, wholesaler, retailer, or other person who has previously been convicted of violating subsection (a), upon a subsequent conviction thereof, shall be fined not more than $100,000, or imprisoned not more than one year, or both.  (c) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the substances listed in section 329-61 with knowledge or the intent that the recipient will use the substance to unlawfully manufacture any controlled substance shall be fined not more than $100,000, or imprisoned not more than five years, or both. For the purpose of this part, "unlawfully manufacture" means to manufacture, compound, convert, produce, derive, process, or prepare, either directly or indirectly by chemical extraction, or independently by means of chemical synthesis, any controlled substance specified in section 329-14, 329-16, 329-18, 329-20, or 329-22 without a valid state controlled substance registration as designated under section 329-33.  (d) Any manufacturer, wholesaler, retailer, or other person who possesses any of the substances listed in section 329-61 with the intent to unlawfully manufacture any controlled substance shall be fined not more than $100,000, or imprisoned not more than ten years, or both.  (e) Any person who possesses, sells, distributes, purchases for resale, or causes to be sold, distributed, or purchased for resale any ephedrine-containing product with a label that claims or implies that consumption of the product will produce effects such as ecstasy, euphoria, increased sexual sensations, legal "highs", and other similar effects shall be fined not more than $5,000, or imprisoned not more than one year, or both.  (f) It is unlawful for any person to knowingly or intentionally obtain or attempt to obtain any of the substances listed in section 329-61 or procure or attempt to procure any substances listed in section 329-61:  (1) By fraud, deceit, misrepresentation, embezzlement, or theft;  (2) By furnishing fraudulent documentation or information or the concealment of a material fact regarding the use, location, or ultimate user of the substances listed in section 329-61; or  (3) By the use of a false name, photo identification, general excise tax information, or the giving of a false address.  (g) Any person who violates subsection (f) shall be fined not more than $100,000, or imprisoned not more than five years, or both. [L 1990, c 200, pt of §1; am L 1993, c 225, §3; am L 1999, c 252, §11; am L 2001, c 203, §7; am L 2003, c 151, §10]
HI Rev Stat § 329-66 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-66 Theft, loss, and discrepancy reports.

  §329-66 Theft, loss, and discrepancy reports. (a) The theft or loss of any substance regulated pursuant to section 329-61 discovered by any person regulated by this part shall be reported to the department of public safety within three days of the receipt of actual knowledge of the discrepancy.  (b) Any report made pursuant to this section shall also include the name of the common carrier or person who transports the substance and date of shipment of the substance. [L 1990, c 200, pt of §1]
HI Rev Stat § 329-67 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-67 Permit for conduct of business; applications; forms; fees; renewal; violations.

  §329-67  Permit for conduct of business; applications; forms; fees; renewal; violations. (a) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in section 329-61 for use by a person in this State or who receives from a source outside of the State any substance specified in section 329-61 shall obtain a permit for the conduct of that business from the department of public safety.  (b) Applications for permits shall be filed in writing and signed by the applicant, and shall set forth the name of the applicant, the business in which the applicant is engaged, the business address of the applicant, and a full description of any substance sold, transferred, or otherwise furnished, or received.  (c) The department of public safety may grant permits which shall be effective for not more than one year from the date of issuance. Applications and permits shall be uniform through the State, on forms prescribed by the department of public safety.  (d) Each applicant shall pay at the time of filing an application for a permit a fee determined by the department of public safety in accordance with the department's rules.  (e) A permit granted pursuant to this part may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee in accordance with the department's rules.  (f) (1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes, or receives any substance specified in section 329-61 without a permit shall be guilty of a misdemeanor; and  (2) Any manufacturer, wholesaler, retailer, or other person who has previously been convicted of violating section 329-67(a), upon a subsequent conviction thereof shall be guilty of a class C felony. [L 1990, c 200, pt of §1; am L 1999, c 252, §12]
HI Rev Stat § 329-68 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-68 Protection of records; divulging confidential information prohibited; penalties.

 §329-68 Protection of records; divulging confidential information prohibited; penalties. (a) All records and information required under this part shall be kept confidential; provided that disclosure of records and information to authorized state, county, and federal agencies is permissible.  (b) The department of public safety shall adopt and enforce rules as may be necessary to prevent improper acquisition or use of confidential information.  (c) Any manufacturer, wholesaler, retailer or other person, including one who is authorized to obtain information, who, knowing the information obtained is from confidential records or files, intentionally discloses the records or information other than authorized by law, or who intentionally or knowingly aids or abets in the inspection or disclosure of such records or information by any person not authorized to inspect such records and information, shall be imprisoned not more than thirty days or fined not more than $5,000, or both. [L 1990, c 200, pt of §1; am L 1993, c 225, §4]
HI Rev Stat § 329-69 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-69 Subpoena powers.

  §329-69 Subpoena powers. Subject to the privileges which witnesses have in the courts of this State, the director of public safety or the director's designated subordinate is empowered pursuant to and in accordance with the rules of court to subpoena witnesses, examine them under oath and require the production of books, papers, documents or objects where the director of public safety reasonably believes the information sought is relevant or material to enforcement of this chapter. Books, papers, documents, or objects obtained pursuant to exercise of these powers may be retained by the director of public safety or the director's designate for forty-eight hours for the purpose of examination, audit, copying, testing, or photographing. Upon application by the director of public safety, obedience to the subpoenas may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. [L 1990, c 200, pt of §1 and am c 281, §10; am L 2000, c 98, §7]
HI Rev Stat § 329-70 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-70 Forfeiture.

  §329-70 Forfeiture. (a) Precursor chemicals that are possessed, transferred, sold, or offered for sale in violation of this part shall be subject to seizure and forfeiture as provided in chapter 712A.  (b) All conveyances, including aircraft, vehicles, or vessels that are used, or intended for use, to transport or in any manner facilitate the transportation of precursor chemicals for a purpose that would constitute a violation of section 329-65(c) or (d), shall be subject to seizure and forfeiture as provided in chapter 712A.  (c) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for any of the substances listed in section 329-61 that facilitate any violation of section 329-65(c) or (d), and all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of section 329-65(c) or (d), shall be subject to seizure and forfeiture as provided in chapter 712A. [L 1990, c 200, pt of §1; am L 2008, c 185, §1]
HI Rev Stat § 329-72 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-72 Rules.

  §329-72 Rules. The department of public safety may adopt rules and assess reasonable fees relating to the registration and control of the sale, distribution, or possession of regulated chemicals under part VI of chapter 329. [L 2004, c 193, pt of §1]
HI Rev Stat § 329-73 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-73 REPEALED.

  §329-73 REPEALED. L 2016, c 218, §18.
HI Rev Stat § 329-74 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-74 Unlawful transport of pseudoephedrine.

  §329-74 Unlawful transport of pseudoephedrine. (a) A person commits the offense of unlawful transport of pseudoephedrine if the person transports more than three packages of any product the sale of which is restricted by section 329-75.  (b) For purposes of this section, "transportation" means the transfer of a pseudoephedrine product by a person other than a wholesaler, distributor, or retailer of such product authorized to conduct business as such by the State.  (c) Unlawful transport of pseudoephedrine is a misdemeanor. [L 2005, c 193, pt of §1; am L 2016, c 218, §15]
HI Rev Stat § 329-103 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-103 Designated state agency.

  §329-103 Designated state agency. The designated state agency shall:  (1) Oversee and administer the collection of information under the system;  (2) Control access to the information in the system; and  (3) Produce exception reports as defined in section 329-1. [L 1996, c 268, pt of §2]
HI Rev Stat § 329-124 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-124 Insurance not applicable.

  §329-124 Insurance not applicable. This part shall not be construed to require insurance coverage for the medical use of cannabis. [L 2000, c 228, pt of §2; am L 2017, c 170, §2]