Loading chat...
HI HB455
Bill
Status
1/22/2013
Primary Sponsor
Joseph Souki
Click for details
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