[§712-1249.4]  Commercial promotion of
marijuana in the first degree.  (1)  A person commits the offense of
commercial promotion of marijuana in the first degree if the person knowingly:



(a) Possesses marijuana having an aggregate weight of
twenty-five pounds or more; or



(b) Distributes marijuana having an aggregate weight
of five pounds or more; or



(c) Possesses, cultivates, or has under the person's
control one hundred or more marijuana plants; or



(d) Cultivates on land owned by another person, including
land owned by the government or other legal entity, twenty-five or more
marijuana plants, unless the person has the express permission from the owner
of the land to cultivate the marijuana or the person has a legal or an
equitable ownership interest in the land or the person has a legal right to
occupy the land; or



(e) Uses, or causes to be used, any firearm or other
weapon, device, instrument, material, or substance, whether animate or
inanimate, which in the manner used is capable of causing death, serious bodily
injury, substantial bodily injury, or other bodily injury, as defined in
chapter 707 in order to prevent the theft, removal, search and seizure, or
destruction of marijuana.



(2)  Commercial promotion of marijuana in the
first degree is a class A felony.



(3)  Any marijuana seized as evidence in
violation of this section in excess of an aggregate weight of twenty-five
pounds as stated in subsection (1)(a), or in excess of an aggregate weight of
five pounds as stated in subsection (1)(b), or in excess of one hundred
marijuana plants as stated in subsection (1)(c), or in excess of twenty-five
marijuana plants as stated in subsection (1)(d) may be destroyed after the
excess amount has been photographed and the number of plants and the weight thereof
has been recorded.  The required minimum amount of the marijuana needed to
constitute the elements of this offense shall remain in the custody of the
police 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 restrict the application of Rule 901 of the
Hawaii Rules of Evidence. [L 1989, c 384, §1]