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HI SB1460

Bill

Status

Engrossed

3/8/2011

Primary Sponsor

Glenn Wakai

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Origin

Senate

2011 Regular Session

AI Summary

  • Establishes possession of one ounce or less of marijuana as a civil violation subject to a fine not exceeding $100, rather than a criminal offense.

  • Creates a civil adjudicatory process through district courts allowing violators to admit the violation with payment, deny and request a hearing, or face default judgment, with preponderance of evidence as the standard of proof.

  • Exempts possession of one ounce or less of marijuana from school board crime reporting requirements, parole substance abuse treatment mandates, and probation violation treatment requirements.

  • Clarifies that medical marijuana patients and primary caregivers may assert medical use as an affirmative defense to civil violations under the new section 329-A.

  • Excludes one ounce or less of marijuana from the definition of "detrimental drug" and from offenses of promoting detrimental drugs in the second and third degrees; civil violations do not count as prior offenses for conditional discharge eligibility.

Legislative Description

Marijuana; Civil Penalties for Possession of One Ounce or Less

Last Action

(H) Referred to HLT/PBM, JUD, referral sheet 33

3/10/2011

Committee Referrals

Ways and Means2/18/2011
Judiciary and Labor1/28/2011

Full Bill Text

No bill text available