Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.
Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug.
Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.
Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.
Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.
Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant’s person or was in a compartment accessible only by occupants of that seat.
Promoting a Harmful Drug 4th Degree
Possession for Personal Use
* Possession of 3 grams or less of marijuana is a violation punishable by a fine of $130.
First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.
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HONOLULU — Twenty minutes from the turquoise waves of White Plains Beach, Teri Heede’s garden stretches out from her Kapolei home where three marijuana plants are firmly potted in the backyard and a steep drop gives way to a view of deep blue water and mountains touching clouds. One of Hawaii’s many medical marijuana patients, Heede’s plants didn’t always produce enough for her medicinal needs, so she bought pot illegally from a dealer behind the local McDonald’s.
In Mililani, near the center of Oahu, Jari Sugano’s backyard is one of toys, the broken remains of bright red water balloons and a platform of wooden boards that keep two potted marijuana plants above the uneven and rocky ground. Sugano’s first cannabis plant came illegally from another Hawaiian caregiver. It was the only way she could grow medical marijuana for her now 6-year-old daughter.