§712-1249.5 - Commercial promotion of marijuana in the second degree.

§712-1249.5 Commercial promotion of
marijuana in the second degree. (1) A person commits the offense of
commercial promotion of marijuana in the second degree if the person knowingly:

(a) Possesses marijuana having an aggregate weight of
two pounds or more; or

(b) Distributes marijuana having an aggregate weight
of one pound or more; or

(d) Cultivates on land owned by another person,
including land owned by the government or other legal entity, any marijuana
plant, 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) Sells or barters any marijuana or any Schedule V
substance in any amount to a minor.

(2) Commercial promotion of marijuana in the
second degree is a class B felony.

(3) Any marijuana seized as evidence in
violation of this section in excess of an aggregate weight of two pounds as
stated in subsection (1)(a), or in excess of an aggregate weight of one pound
as stated in subsection (1)(b), or in excess of twenty-five marijuana plants as
stated in subsection (1)(c) 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 to restrict the application of Rule 901 of the Hawaii
Rules of Evidence. [L 1986, c 314, §76; am L 1987, c 176, §8; am L 1989, c 384,
§4]

Case Notes

As California statute did not authorize defendant to possess
or cultivate fifty or more marijuana plants in violation of this section, trial
court did not err in concluding that §712-1240.1 was inapplicable to the case
and the documents submitted in support of defendant's motion to dismiss were
not clearly exculpatory; thus, trial court did not err in denying defendant's
motion to dismiss. 108 H. 169, 118 P.3d 652.

Trial court did not err in concluding that defendant failed
to prove that this section unconstitutionally burdened the free exercise of
defendant’s religion where defendant failed to establish that the trial court
clearly erred in finding that defendant did not demonstrate that defendant's
religion required possession or cultivation of fifty or more marijuana plants.
108 H. 169, 118 P.3d 652.