reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1217 Open lewdness. §712-1217 Commentary:

§712-1217 Open lewdness.
(1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.
(2) Open lewdness is a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
Cross References
Indecent exposure, see §707-734.
COMMENTARY ON §712-1217
This section penalizes open lewdness which does not amount to a sexual offense under chapter 707 of this Code, but which "amounts to gross flouting of community standards in respect to sexuality or nudity in public."1 The section does not apply to cult nudism because of the requirement that the act take place when it is known by the actor that the actor's conduct is likely to cause affront or alarm.
Case Notes
Section cited as example of statutory crime without requirement of intention or knowledge. State v. Marley, 54 H. 450, 460, 509 P.2d 1095 (1973).
Intentional exposure of a person's private parts to public view is a lewd act. 61 H. 62, 597 P.2d 10 (1979); 61 H. 68, 597 P.2d 13 (1979); 61 H. 70, 597 P.2d 15 (1979).
Female breasts are not private parts or genitalia, and exposure thereof under existing circumstances was not a lewd act under statute. 61 H. 68, 597 P.2d 13 (1979).
"Public place" construed. 61 H. 187, 600 P.2d 1379 (1979).
No double jeopardy for convictions under this section and §707-734. 8 H. App. 535, 813 P.2d 335 (1991).
Defendant's act occurred in "public place" as it was likely to be seen by any number of casual observers. 81 H. 99 (App.), 912 P.2d 596 (1996).
__________
§712-1217 Commentary:
1. M.P.C., Tentative Draft No. 13, comments at 82 (1961).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1218 Failure to maintain age verification records of sexual performers.

§712-1218
Failure to maintain age verification records of sexual performers.
(1) A person commits the offense of failure to maintain age verification records of sexual performers if the person knowingly produces any pornographic performance, book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more pornographic visual depictions made after June 30, 2002, of sexual conduct and:
(a) Knowingly fails to create and maintain age verification records for each sexual performer;
(b) Knowingly makes or causes to be made any false entry into the age verification records of sexual performers required by this section; or
(c) Knowingly fails to produce the age verification records of sexual performers required by this section, upon request by a law enforcement officer for the purpose of verifying the age of a sexual performer.
(2) Failure to maintain age verification records of sexual performers is a class C felony. [L 2002, c 240, pt of §3]
COMMENTARY ON §712-1218
Act 240, Session Laws 2002, added this section to establish criminal penalties against those who participate in or profit from the sexual exploitation of a minor.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1218.5 Failure to maintain age verification records of sexually exploited individuals.

§712-1218.5 Failure to maintain age verification records of sexually exploited individuals.
(1) A person commits the offense of failure to maintain age verification records of sexually exploited individuals if, with the intent to profit therefrom, the person knowingly provides sexually exploited individuals to patrons or customers of a public establishment or provides sexually exploited individuals to a private club or event, and the person:
(a) Knowingly fails to create and maintain age verification records for each sexually exploited individual;
(b) Knowingly makes or causes to be made any false entry into the age verification records of sexually exploited individuals required by this section; or
(c) Knowingly fails to produce the age verification records of sexually exploited individuals required by this section upon request by a law enforcement officer for the purpose of verifying the age of a sexually exploited individual.
(2) Failure to maintain age verification records of sexually exploited individuals is a class C felony. [L 2002, c 240, pt of §3]
COMMENTARY ON §712-1218.5
Act 240, Session Laws 2002, added this section to establish criminal penalties against those who participate in or profit from the sexual exploitation of a minor.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1219 Failure to affix information disclosing location of age verification records of sexual performers.

§712-1219 Failure to affix information disclosing location of age verification records of sexual performers.
(1) A person commits the offense of failure to affix information disclosing location of age verification records of sexual performers if the person knowingly produces any pornographic book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more pornographic visual depictions made after June 30, 2002, of sexual conduct and fails to affix to each copy a statement describing where any records required by section 712-1218 with respect to all performers depicted in that copy of the matter may be located, including the current address and telephone number of the custodian of those records.
(2) If the person to whom any recordkeeping requirement of section 712-1218 applies is an organization, the affixed information required under subsection (1) shall include the name, title, and business address of the individual employed by the organization who is responsible for maintaining the records required by section 712-1218.
(3) Failure to affix information disclosing the location of age verification records of sexual performers is a class C felony. [L 2002, c 240, pt of §3]
COMMENTARY ON §712-1219
Act 240, Session Laws 2002, added this section to establish criminal penalties against those who participate in or profit from the sexual exploitation of a minor.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1219.5 Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers.

§712-1219.5 Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers.
(1) A person commits the offense of disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers if the person knowingly disseminates, sells, or otherwise transfers, or offers for sale or transfer, any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions made after June 30, 2002, of sexual conduct, and that does not have affixed thereto a statement describing where the age verification records required by section 712-1218 may be located; provided that this section shall not be construed to impose a duty upon any persons to determine the accuracy of the contents of the affixed statement or of the records required to be kept at that location.
(2) Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers is a misdemeanor. [L 2002, c 240, pt of §3]
COMMENTARY ON §712-1219.5
Act 240, Session Laws 2002, added this section to establish criminal penalties against those who participate in or profit from the sexual exploitation of a minor.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1221 Promoting gambling in the first degree.

§712-1221 Promoting gambling in the first degree.
(1) A person commits the offense of promoting gambling in the first degree if the person recklessly advances or profits from gambling activity by:
(a) Engaging in bookmaking to the extent that the person receives or accepts in any seven-day period more than five bets totaling more than $500;
(b) Receiving in connection with a lottery, or mutuel scheme or enterprise, money or written records from a person other than a player whose chances or plays are represented by such money or records; or
(c) Receiving or having become due and payable in connection with a lottery, mutuel, or other gambling scheme or enterprise, more than $1,000 in any seven-day period played in the scheme or enterprise.
(2) Promoting gambling in the first degree is a class B felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1983, c 161, §1; am L 1987, c 83, §1; gen ch 1992; am L 2022, c 111, §4]
Revision Note
In subsection (1)(a), "or" deleted pursuant to §23G-15.
Case Notes
Although it may have been error admitting into evidence, as expert opinion under HRE rule 702, officer's testimony concerning §712-1231(b), the social gambling defense, where defendant was not entitled to this defense in a prosecution for promoting gambling in the first degree under subsection (1)(c), error was harmless. 92 H. 98 (App.), 987 P.2d 996 (1999).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1222 Promoting gambling in the second degree.

§712-1222 Promoting gambling in the second degree.
(1) A person commits the offense of promoting gambling in the second degree if the person negligently advances or profits from gambling activity.
(2) Promoting gambling in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1987, c 83, §2; gen ch 1992; am L 2022, c 111, §5]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1224 Possession of gambling records in the first degree.

§712-1224 Possession of gambling records in the first degree.
(1) A person commits the offense of possession of gambling records in the first degree if the person knowingly possesses, produces, or distributes any writing, paper, instrument, or article:
(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting, or representing more than five bets totaling more than $500; or
(b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise, and constituting, reflecting, or representing more than one hundred plays or chances therein or one play or chance wherein the winning amount exceeds $5,000.
(2) Possession of gambling records in the first degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1980, c 174, §1; gen ch 1993]
Case Notes
In a prosecution for violation of subsection (1)(a), it is not necessary to prove the occurrence of a sporting event; gambling records were properly admitted although there was no showing of a chain of custody; not unconstitutionally vague. 63 H. 342, 627 P.2d 282 (1981).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1225 Possession of gambling records in the second degree.

§712-1225 Possession of gambling records in the second degree.
(1) A person commits the offense of possession of gambling records in the second degree if the person knowingly possesses any writing, paper, instrument, or article:
(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or
(b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.
(2) Possession of gambling records in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1227 Possession of gambling records; defense.

§712-1227 Possession of gambling records; defense.
In any prosecution under sections 712-1224 and [712-1225], it is a defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of gambling activity, except for records used in social gambling. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]
COMMENTARY ON §712-1227
This section establishes a defense in a prosecution under § §712-1224 and 1225. It is a defense to such a prosecution that the record possessed is "neither used nor intended to be used in the advancement of gambling activity, except for records used in social gambling." In view of the relaxed standards provided in § §712-1224 and 1225 (i.e., possession of an article "of a kind commonly used..."), a defense has been provided for those defendants who are able to produce some evidence which raises a reasonable doubt that their possession of the records was preparatory to unlawful gambling.
This section was originally numbered as §712-1226, but was renumbered by Act 201, Session Laws 1973.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1228 Gambling offenses; prima facie evidence.

§712-1228 Gambling offenses; prima facie evidence.
(1) Proof that a person knowingly possessed any gambling record specified in sections 712-1224 and 712-1225 or any gambling device in section 712-1226 is prima facie evidence that the person possessed the record or device with knowledge of its contents and character.
(2) In any prosecution under this part in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation, shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]
Cross References
Prima facie evidence, see §701-112.
COMMENTARY ON §712-1228
Offenses of possession of gambling records and gambling devices pose a special problem regarding proof of the requisite knowledge of the contents and character of the records or the device. In cases which require proof of the occurrence of sporting events, strict adherence to the rules of evidence would force the prosecution in its case in chief to incur great expense on an issue which may not realistically be in controversy. Therefore, this section provides two evidentiary rules designed to let the prosecutor get the case to the jury in situations where direct evidence is difficult or expensive to obtain and the weight of the logical inference in each situation is sufficient to warrant the special rule.
Act 201, Session Laws 1973, renumbered this section from §712-1227 to §712-1228.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1229 Lottery offenses; no defense.

§712-1229 Lottery offenses; no defense.
It is no defense to a prosecution under any section of this part relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn or conducted. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]
COMMENTARY ON §712-1229
This section provides that it is no defense to a prosecution under any section relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn. This eliminates spurious defenses in cases involving the Irish Sweepstakes or lotteries conducted in other states. Because the person who places the bet or buys the lottery ticket is not criminal under this part, only the seller or promoter is covered and it should make no difference that the seller or promoter is dealing in "chances" based on an out-of-state contingency. The section was renumbered from §712-1228 to §712-1229 by Act 201, Session Laws 1973.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1232 Savings promotion or prize-linked savings contest not gambling.

§712-1232 Savings promotion or prize-linked savings contest not gambling.
A savings promotion or prize-linked savings contest conducted by a financial institution pursuant to section 412:4-113 is not gambling and shall not constitute a lottery unless the chance to win a prize requires consideration. Consideration shall not include:
(1) The deposit of a specified minimum amount of money into a savings promotion or prize-linked savings account that results in an entry in a savings promotion or prize-linked savings contest;
(2) The interest earned, if any, on the consumer's savings promotion or prize-linked savings account; or
(3) Any fee or amount to administer or maintain the savings promotion or prize-linked savings account. [L 2019, c 253, §3]
COMMENTARY ON §712-1232
Act 253, Session Laws 2019, established this section to exempt from Hawaii's gambling laws any savings promotion or prize-linked savings contest conducted by a financial depository institution pursuant to §412:4-113. The legislature found that Hawaii's prohibition against gambling prevents financial institutions in the State from offering incentives in the form of prizes that can be won by customers depositing funds in savings accounts or participating in other savings promotions. The legislature further found that authorizing savings promotions or prize-linked savings contests would encourage customers to build personal savings. Senate Standing Committee Report No. 1940.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1240.1 Defense to promoting.

§712-1240.1 Defense to promoting.
(1) It is a defense to prosecution for any offense defined in this part that the person who possessed or distributed the dangerous, harmful, or detrimental drug did so under authority of law as a practitioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person otherwise authorized by law.
(2) It is an affirmative defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana was authorized to possess or distribute the marijuana for medical purposes pursuant to part IX of chapter 329. [L 1977, c 137, §1; am L 2000, c 228, §4]
COMMENTARY ON §712-1240.1
Act 137, Session Laws 1977, added this section to provide a defense for the lawful possession or distribution of drugs by authorized persons. In enacting the section, the legislature found that the law as then worded made any possession or distribution of drugs criminal. Senate Standing Committee Report No. 1127, House Standing Committee Report No. 683.
Act 228, Session Laws 2000, in permitting the medical use of marijuana by persons with certain medical conditions, amended this section to include an affirmative defense for the medical use of marijuana. Senate Standing Committee Report No. 2760.
Case Notes
Legislature intended section as a defense rather than element of an offense. 64 H. 568, 645 P.2d 308 (1982).
As California statute did not authorize defendant to possess or cultivate fifty or more marijuana plants in violation of §712-1249.5, trial court did not err in concluding that this section was inapplicable to the case and the documents submitted in support of defendant's motion to dismiss were not clearly exculpatory; thus, trial court did not err in denying defendant's motion to dismiss. 108 H. 169, 118 P.3d 652 (2005).
District court erred in re-determining the fact of medical use in contrast to the parties' stipulation that petitioner possessed and transported medical marijuana under a valid Medical Marijuana Registry Patient Identification Certificate, thus preempting consideration of petitioner's affirmative defense; given that the State presented no evidence showing that the marijuana was for any other use other than a medical use, petitioner proved that petitioner was authorized to possess marijuana for medical purposes pursuant to part IX of chapter 329 for purposes of an affirmative defense under subsection (2). 129 H. 397, 301 P.3d 607 (2013).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1240.5 Manufacturing a controlled substance with a child present.

§712-1240.5 Manufacturing a controlled substance with a child present.
(1) Except as provided in subsection (2), any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of sixteen is present in the structure where the offense occurs, shall be sentenced to a term of two years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.
(2) Any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of eighteen is present in the structure where the offense occurs and causes the child to suffer serious or substantial bodily injury as defined in section 707-700, shall be sentenced to a term of five years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.
(3) As used in this section, "structure" means any house, apartment building, shop, warehouse, building, vessel, cargo container, motor vehicle, tent, recreational vehicle, trailer, or other enclosed space capable of holding a child and equipment for the manufacture of a controlled substance. [L 2004, c 44, pt of §3]
COMMENTARY ON §712-1240.5
Act 44, Session Laws 2004, added this section, enhancing prison sentences for persons who manufacture drugs in the presence of a child and cause injury to a child, to protect children from the dangers of clandestine methamphetamine laboratories and homes where illegal substances may harm the children. House Standing Committee Report No. 495-04, Senate Standing Committee Report No. 3091.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1240.7 Methamphetamine trafficking.

§712-1240.7 Methamphetamine trafficking.
(1) A person commits the offense of methamphetamine trafficking if the person knowingly:
(a) Distributes methamphetamine in any amount to a minor; or
(b) Manufactures methamphetamine in any amount.
(2) Methamphetamine trafficking is a class A felony for which the defendant shall be sentenced as provided in subsection (3).
(3) Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment of not less than two years and not greater than eight years and a fine not to exceed $20,000,000; provided that:
(a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine 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 six years, eight months and not greater than thirteen years, four months;
(b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine 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 thirteen years, four months and not greater than twenty years; or
(c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine 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 twenty years. [L 2006, c 230, pt of §4; am L 2016, c 231, §52]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1240.8 REPEALED.

§712-1240.8 REPEALED.
L 2016, c 231, §56.
Note
Applicability of L 2016, c 231, §56 repeal, see Note at §712-1241.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1240.9 Methamphetamine trafficking; restitution and reimbursement.

§712-1240.9 Methamphetamine trafficking; restitution and reimbursement.
When sentencing a defendant convicted of methamphetamine trafficking pursuant to section 712-1240.7 or 712-1240.8 as that section was in effect prior to July 1, 2016, the court may order restitution or reimbursement to the State or appropriate county government for the cost incurred for any cleanup associated with the manufacture or distribution of methamphetamine and to any other person injured as a result of the manufacture or distribution of methamphetamine. [L 2006, c 230, pt of §4; am L 2016, c 231, §53]
COMMENTARY ON § §712-1240.7 TO 712-1240.9
Act 230, Session Laws 2006, added § §712-1240.7 and 712-1240.8, methamphetamine trafficking in the first and second degrees. House Standing Committee Report No. 665-06.
Act 230, Session Laws 2006, also added §712-1240.9, authorizing a court to order restitution or reimbursement when sentencing a defendant convicted under §712-1240.7 or §712-1240.8.
Act 231, Session Laws 2016, amended §712-1240.7 by, among other things, removing possession and distribution of methamphetamine from the statute. Act 231 placed possession and distribution of methamphetamine in the statutes relating to promoting a dangerous drug [ § §712-1241 and 712-1242], which gives the court the discretion to impose probation and drug treatment when appropriate. The offenses remaining in §712-1240.7 are distribution of methamphetamine to a minor and manufacturing of methamphetamine, which remain class A felonies. The amendments implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015). The Penal Code Review Committee commented, on page 59 of its report, that "[w]hile the Committee recognizes these dangers and challenges, it is of the opinion that the current Methamphetamine Trafficking statutes are not properly addressing those challenges and should be changed based on the experience of the Committee regarding the application of these provisions in the criminal justice system in Hawaii." House Standing Committee Report No. 660-16.
Act 231, Session Laws 2016, repealed §712-1240.8 and amended §712-1240.9 by making a conforming amendment. Act 231 implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
2023 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).
2023 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.
2023 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]
2023 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]
2023 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).
2023 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).
2023 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.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1249.5 Commercial promotion of marijuana in the second degree.

§712-1249.5 Commercial promotion of marijuana in the second degree.
(1) A person commits the offense of commercial promotion of marijuana in the second degree if the person knowingly:
(a) Possesses marijuana having an aggregate weight of two pounds or more;
(b) Distributes marijuana having an aggregate weight of one pound or more;
(c) Possesses, cultivates, or has under the person's control fifty or more marijuana plants;
(d) Cultivates on land owned by another person, including land owned by the government or other legal entity, any marijuana plant, 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) Sells or barters any marijuana or any Schedule V substance in any amount to a minor.
(2) Commercial promotion of marijuana in the second degree is a class B felony.
(3) Any marijuana seized as evidence in violation of this section in excess of an aggregate weight of two pounds as stated in subsection (1)(a), or in excess of an aggregate weight of one pound as stated in subsection (1)(b), or in excess of twenty-five marijuana plants as stated in subsection (1)(c) 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 to restrict the application of rule 901 of the Hawaii rules of evidence. [L 1986, c 314, §76; am L 1987, c 176, §8; am L 1989, c 384, §4]
Revision Note
In subsection (1)(a), (b), and (c), "or" deleted pursuant to §23G-15.
Case Notes
As California statute did not authorize defendant to possess or cultivate fifty or more marijuana plants in violation of this section, trial court did not err in concluding that §712-1240.1 was inapplicable to the case and the documents submitted in support of defendant's motion to dismiss were not clearly exculpatory; thus, trial court did not err in denying defendant's motion to dismiss. 108 H. 169, 118 P.3d 652 (2005).
Trial court did not err in concluding that defendant failed to prove that this section unconstitutionally burdened the free exercise of defendant €™s religion where defendant failed to establish that the trial court clearly erred in finding that defendant did not demonstrate that defendant's religion required possession or cultivation of fifty or more marijuana plants. 108 H. 169, 118 P.3d 652 (2005).
2023 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]
2023 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]