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HI HB455

Bill

Status

Introduced

1/22/2013

Primary Sponsor

Joseph Souki

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Decriminalizes possession of one ounce or less of marijuana by establishing it as a civil violation subject to a maximum fine of $100 instead of criminal prosecution.

  • Creates a new civil adjudicatory process in district court with simplified procedures including notice of violation, written answers, and hearings before a judge without jury trial rights.

  • Allows defendants to admit guilt and pay the fine by mail, in person, or online, or to contest the violation with a hearing where the preponderance of the evidence standard applies.

  • Permits defendants who contest and lose at a civil hearing to request a trial within 30 days where Hawaii rules of evidence apply and proof beyond a reasonable doubt is required.

  • Maintains criminal penalties for possession of more than one ounce, drug distribution, manufacturing, and driving under the influence, and preserves the medical marijuana affirmative defense for civil violations; effective July 1, 2013.

Legislative Description

Marijuana; Possession; Violation

Last Action

Carried over to 2014 Regular Session.

12/18/2013

Committee Referrals

Public Safety1/22/2013

Full Bill Text

No bill text available