reglab/housing_qa huggingface dataset:
HI Rev Stat § 712-1244 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1244 Promoting a harmful drug in the first degree.

  §712-1244 Promoting a harmful drug in the first degree. (1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly:  (a) Possesses one hundred or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;  (b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;  (c) Distributes twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;  (d) Distributes one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one- eighth ounce or more, containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or  (e) Distributes any harmful drug or any marijuana concentrate in any amount to a minor.  (2) Promoting a harmful drug in the first degree is a class A felony. [L 1972, c 9, pt of §1; am L 1975, c 119, §1 and c 163, §6(f); am L 1979, c 105, §66; am L 1981, c 31, §2; am L 1989, c 163, §3; gen ch 1992] Revision Note  In subsection (1)(a), (b), and (c), "or" deleted pursuant to §23G-15. Case Notes  Subsection (1)(d) not void for vagueness with respect to hashish; statutory classification of hashish as a harmful drug did not violate equal protection. 65 H. 174, 649 P.2d 381 (1982).  Chain of custody requirements. 1 H. App. 546, 622 P.2d 620 (1981).
HI Rev Stat § 712-1245 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1245 Promoting a harmful drug in the second degree.

  §712-1245 Promoting a harmful drug in the second degree. (1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly:  (a) Possesses fifty or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;  (b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one- eighth ounce or more, containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or  (c) Distributes any harmful drug or any marijuana concentrate in any amount.  (2) Promoting a harmful drug in the second degree is a class B felony. [L 1972, c 9, pt of §1; am L 1975, c 119, §2 and c 163, §6(g); am L 1989, c 163, §4; gen ch 1992] Revision Note  In subsection (1)(a), "or" deleted pursuant to §23G-15.
HI Rev Stat § 712-1246 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1246 Promoting a harmful drug in the third degree.

  §712-1246 Promoting a harmful drug in the third degree. (1) A person commits the offense of promoting a harmful drug in the third degree if the person knowingly possesses twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof.  (2) Promoting a harmful drug in the third degree is a class C felony. [L 1972, c 9, pt of §1; am L 1975, c 163, §6(h); am L 1989, c 163, §5; gen ch 1992]
HI Rev Stat § 712-1246.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1246.5 Promoting a harmful drug in the fourth degree.

  §712-1246.5 Promoting a harmful drug in the fourth degree. (1) A person commits the offense of promoting a harmful drug in the fourth degree if the person knowingly possesses any harmful drug in any amount.  (2) Promoting a harmful drug in the fourth degree is a misdemeanor. [L 1989, c 163, §6]
HI Rev Stat § 712-1248 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1248 Promoting a detrimental drug in the second degree.

  §712-1248 Promoting a detrimental drug in the second degree. (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:  (a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;  (b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one- eighth ounce or more, containing one or more of the Schedule V substances;  (c) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more, containing any marijuana; or  (d) Distributes any marijuana or any Schedule V substance in any amount.  (2) Promoting a detrimental drug in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1975, c 163, §6(j); am L 1989, c 384, §3] Revision Note  In subsection (1)(a) and (b), "or" deleted pursuant to §23G-15. Case Notes  Where violation of misdemeanor offense under subsection (1)(d) also constituted violation of felony offense under §712-1247(1)(h), conviction of felony offense would have constituted violation of defendant's due process and equal protection rights. 86 H. 48, 947 P.2d 360 (1997).  Hawaii county ordinance that established cannabis offenses as the lowest law enforcement priority in the county conflicted with, and was therefore preempted by, this section and other state laws governing the investigation and prosecution of alleged violations of the Hawaii Penal Code concerning the adult personal use of cannabis. 135 H. 411, 353 P.3d 953 (2015).  Since to sell and to barter do not include to prescribe, §712-1248(1)(d) is not a lesser included offense of §712-1247(1)(h). 78 H. 488 (App.), 896 P.2d 944 (1995).  Where a Hawaii county ordinance made the enforcement of marijuana laws the lowest enforcement priority in the county, the ordinance was preempted by state laws governing the investigation and prosecution of alleged violations of the Hawaii Penal Code concerning the adult personal use of cannabis. 132 H. 511 (App.), 323 P.3d 155 (2014).
HI Rev Stat § 712-1249 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1249 Promoting a detrimental drug in the third degree.

  §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 person knowingly possesses any marijuana or any Schedule V substance in any amount.  (2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of three grams or less of marijuana is a violation, punishable by a fine of $130. [L 1972, c 9, pt of §1; am L 1975, c 163, §6(k); gen ch 1993; am L 2019, c 273, §3; am L 2019, c 273, §3] Law Journals and Reviews  The Protection of Individual Rights Under Hawai`i's Constitution. 14 UH L. Rev. 311 (1992).  Privacy Outside of the Penumbra: A Discussion of Hawai`i's Right to Privacy After State v. Mallan. 21 UH L. Rev. 273 (1999). Case Notes  Not unconstitutional. 56 H. 271, 535 P.2d 1394 (1975); 61 H. 71, 595 P.2d 287 (1979).  Defense of medical necessity. 61 H. 71, 595 P.2d 287 (1979).  Identification of seeds as marijuana seeds required expert testimony. 61 H. 505, 606 P.2d 913 (1980).  Purported right to possess and use marijuana not a fundamental right; where defendant failed to prove section lacked any rational basis, section constitutional. 86 H. 440, 950 P.2d 178 (1998).  Under the circumstances of the case, the free exercise clause of the First Amendment was not a viable defense to prosecution under this section; this section is a neutral law of general applicability to the extent it purports to prohibit, without exception, the possession of marijuana and any other substance defined as a "Schedule V substance" by chapter 329, it does not interfere with other constitutional rights, and it does not create a mechanism for governmental assessment of individual applicants for exemptions. 115 H. 396, 168 P.3d 526. (2007)  Hawaii county ordinance that established cannabis offenses as the lowest law enforcement priority in the county conflicted with, and was therefore preempted by, this section and other state laws governing the investigation and prosecution of alleged violations of the Hawaii Penal Code concerning the adult personal use of cannabis. 135 H. 411, 353 P.3d 953 (2015).  Section did not burden defendant's free exercise of religion. 5 H. App. 411, 695 P.2d 336 (1985).  Where insufficient evidence in record that defendant had the necessary intent to exercise control and dominion over the marijuana, no violation of section by "constructive possession". 92 H. 472 (App.), 992 P.2d 741 (1999).  Where a Hawaii county ordinance made the enforcement of marijuana laws the lowest enforcement priority in the county, the ordinance was preempted by state laws governing the investigation and prosecution of alleged violations of the Hawaii Penal Code concerning the adult personal use of cannabis. 132 H. 511 (App.), 323 P.3d 155 (2014).
HI Rev Stat § 712-1249.4 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1249.4 Commercial promotion of marijuana in the first degree.

  §712-1249.4 Commercial promotion of marijuana in the first degree. (1) A person commits the offense of commercial promotion of marijuana in the first degree if the person knowingly:  (a) Possesses marijuana having an aggregate weight of twenty-five pounds or more;  (b) Distributes marijuana having an aggregate weight of five pounds or more;  (c) Possesses, cultivates, or has under the person's control one hundred or more marijuana plants;  (d) Cultivates on land owned by another person, including land owned by the government or other legal entity, twenty-five or more marijuana plants, unless the person has the express permission from the owner of the land to cultivate the marijuana or the person has a legal or an equitable ownership interest in the land or the person has a legal right to occupy the land; or  (e) Uses, or causes to be used, any firearm or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner used is capable of causing death, serious bodily injury, substantial bodily injury, or other bodily injury, as defined in chapter 707 in order to prevent the theft, removal, search and seizure, or destruction of marijuana.  (2) Commercial promotion of marijuana in the first degree is a class A felony.  (3) Any marijuana seized as evidence in violation of this section in excess of an aggregate weight of twenty-five pounds as stated in subsection (1)(a), or in excess of an aggregate weight of five pounds as stated in subsection (1)(b), or in excess of one hundred marijuana plants as stated in subsection (1)(c), or in excess of twenty-five marijuana plants as stated in subsection (1)(d) may be destroyed after the excess amount has been photographed and the number of plants and the weight thereof has been recorded. The required minimum amount of the marijuana needed to constitute the elements of this offense shall remain in the custody of the police until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or restrict the application of rule 901 of the Hawaii rules of evidence. [L 1989, c 384, §1] Revision Note  In subsection (1)(a), (b), (c), "or" deleted pursuant to §23G-15.
HI Rev Stat § 712-1249.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes.

  §712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes. (1) A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes if the person knowingly:  (a) Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a school, public park, or public housing project or complex;  (b) 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, or public housing project or complex;  (c) 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  (d) 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.  (2) A person who violates subsection (1)(a), (b), or (c) is guilty of a class C felony. A person who violates subsection (1)(d) is guilty of a class A felony.  (3) 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.  (4) 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.  (5) 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.  (6) For purposes of this section, "school" means any public or private preschool, kindergarten, elementary, intermediate, middle secondary, or high school.  (7) 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. [L 1988, c 284, §1; am L 1991, c 11, §1; am L 2003, c 70, §1; am L 2004, c 44, §8; am L 2012, c 23, §1]
HI Rev Stat § 712-1249.7 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1249.7 Promoting a controlled substance through a minor.

  §712-1249.7 Promoting a controlled substance through a minor. (1) A person age eighteen or over commits the offense of promoting a controlled substance through a minor if the person knowingly employs, hires, uses, persuades, induces, entices, or coerces a minor to facilitate the illegal distribution of a controlled substance.  (2) The offense of promoting a controlled substance through a minor is a class B felony unless the offense occurs in, on, or near the real property comprising a school, school vehicles, or public parks as prohibited under section 712-1249.6, in which case it is a class A felony. [L 2004, c 44, pt of §3]
HI Rev Stat § 712-1251 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1251 Possession in a motor vehicle; prima facie evidence.

  §712-1251 Possession in a motor vehicle; prima facie evidence. (1) Except as provided in subsection (2), the presence of a dangerous drug, harmful drug, or detrimental drug in a motor vehicle, other than a public omnibus, is prima facie evidence of knowing possession thereof by each and every person in the vehicle at the time the drug was found.  (2) Subsection (1) does not apply to:  (a) Other occupants of the motor vehicle if the substance is found upon the person of one of the occupants therein;  (b) All occupants, except the driver or owner of the motor vehicle, if the substance is found in some portion of the vehicle normally accessible only to the driver or owner; or  (c) The driver of a motor vehicle who is at the time operating it for hire in the pursuit of the driver's trade, if the substance is found in a part of the vehicle used or occupied by passengers. [L 1972, c 9, pt of §1; gen ch 1993] Revision Note  In subsection (2)(a), "or" deleted pursuant to §23G-15. COMMENTARY ON §712-1251  Subsection (1) of this section establishes a rule of prima facie evidence regarding the possession of a dangerous drug, harmful drug, or detrimental drug when it is found in a motor vehicle. Section 701-117 sets forth the definition of "prima facie evidence". Subsection (2) provides that the evidentiary rule does not apply to various occupants of a vehicle under certain circumstances. If the substance is found upon the person of one of the occupants, then the evidentiary rule does not apply to other occupants of the vehicle. If it is found in some area of the vehicle normally accessible only to the driver, the rule applies only to the driver. If a drug is found in the part of a hired or chauffeured vehicle used or occupied by passengers, the evidentiary rule does not apply to the driver but does apply to the passenger or passengers.  When any of the specified substances is found in a vehicle, but not upon the person of one of the occupants, it is almost impossible for the prosecutor to prove actual possession by direct evidence. However, the inference, in the absence of contrary evidence which raises a reasonable doubt in the mind of the trier of fact, is overwhelming that if, for example, the substance is in that portion of the vehicle to which only the driver and owner have access, that the substance is in fact in the possession and under the control of the owner-occupant or driver-occupant. The same holds true for the other provisions of subsections (1) and (2). Therefore, subsections (1) and (2) are designed and provided to let the prosecutor get the case to the jury in situations where direct evidence is difficult to obtain and the weight of a logical inference is sufficient to warrant a special evidentiary rule. Case Notes  Section permits but does not require the inference of guilt, and is constitutional as applied to dealership quantities of drugs. 61 H. 99, 595 P.2d 1072 (1979).
HI Rev Stat § 712-1252 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence.

  §712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence. (1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the dangerous drug, harmful drug, detrimental drug, or intoxicating compounds possessed, distributed, or sold.  (2) The fact that the defendant distributed or sold a dangerous drug, harmful drug, detrimental drug, or intoxicating compound to a minor is prima facie evidence that the defendant knew the transferee to be a minor. [L 1972, c 9, pt of §1; am L 1984, c 122, §3; am L 1986, c 342, §5; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; gen ch 1992] Cross References  Prima facie evidence, see §701-117. COMMENTARY ON §712-1252  Much of the difficulty in proving possession of a dangerous drug, harmful drug or detrimental drug when the substance is found in a motor vehicle is also present in proving mens rea with respect to (1) the character, nature, or quantity of the substance possessed, dispensed, or sold, and (2) the transferee's status as a minor. In cases involving offenses defined in this part, direct evidence, on these issues, such as self- incriminating statements, are rare. Section 712-1252 provides an evidentiary rule analogous to that found in §712-1216 (relating to obscenity offenses). It permits the prosecution to get its case before the trier of fact on issues where direct evidence is difficult to obtain, but it does not change the prosecution's burden of proof. SUPPLEMENTAL COMMENTARY ON §712-1252  Act 122, Session Laws 1984, amended this section to include intoxicating liquor in regard to prima facie evidence of knowledge of character, nature, or quantity of substance, or age of transferee because of the creation of a new offense of promoting intoxicating liquor to a minor.  Act 207, Session Laws 1992, removed the repeal date of Act 342, Session Laws of Hawaii 1986, to permanently raise the minimum drinking age to twenty-one. Conference Committee Report No. 9.
HI Rev Stat § 712-1253 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1253 Penalties under other laws.

  §712-1253 Penalties under other laws. Any penalty imposed for violation of this chapter or chapter 329 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [L 1972, c 9, pt of §1; am L 1987, c 176, §9]
HI Rev Stat § 712-1254 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1254 Bar to prosecution.

  §712-1254 Bar to prosecution. If a violation of this part or chapter 329 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State. [L 1972, c 9, pt of §1]