§712-1247 - Promoting a detrimental drug in the first degree.

§712-1247 Promoting a detrimental drug in
the first degree. (1) A person commits the offense of promoting a
detrimental drug in the first degree if the person knowingly:

(a) Possesses four hundred or more capsules or
tablets containing one or more of the Schedule V substances; or

(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 Schedule V substances; or

(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 Schedule V substances; or

(e) Possesses one or more preparations, compounds,
mixtures, or substances of an aggregate weight of one pound or more, containing
any marijuana; or

(f) Distributes one or more preparations, compounds,
mixtures, or substances of an aggregate weight of one ounce or more, containing
any marijuana; or

(g) Possesses, cultivates, or has under the person's
control twenty-five or more marijuana plants; or

(h) Sells or barters any marijuana or any Schedule V
substance in any amount.

(2) Promoting a detrimental drug in the first
degree is a class C felony.

(3) Any marijuana seized as evidence of a
violation of this section in excess of one pound may be destroyed after it has
been photographed and the weight thereof recorded. The remainder of the
marijuana shall remain in the custody of the police department 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 1972, c 9, pt of §1; am L 1975, c 163, §6(i); am L 1981,
c 31, §3 and c 123, §1; am L 1986, c 314, §75; am L 1989, c 384, §2]

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.

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.