Haw. Rev. Stat. § 712-1247
[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]
In subsection (1)(a) to (f), "or" deleted pursuant to §23G-15.
Criminalization of marijuana is constitutional. 56 H. 501, 542 P.2d 366 (1975).
Where a bill of particulars, under a charge of distributing marijuana, states that defendant "offered or agreed to sell" marijuana, State is limited to proving the particulars specified in the bill, notwithstanding the definition of "distribute" contained in §712-1240(1). 60 H. 8, 586 P.2d 1022 (1978).
Where violation of misdemeanor offense under §712-1247(1)(d) also constituted violation of felony offense under subsection (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 (1997).
Hawaii county ordinance that established cannabis offenses as the lowest law enforcement priority in the county conflicted with, and was therefore preempted by, this section and other state laws governing the investigation and prosecution of alleged violations of the Hawaii Penal Code concerning the adult personal use of cannabis. 135 H. 411, 353 P.3d 953 (2015).
Procuring agent for the buyer defense was available against a charge of bartering a drug and was available to a defendant who was buyer's accomplice. 78 H. 488 (App.), 896 P.2d 944 (1995).
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 (1995).
Where a Hawaii county ordinance made the enforcement of marijuana laws the lowest enforcement priority in the county, the ordinance was preempted by state laws governing the investigation and prosecution of alleged violations of the Hawaii Penal Code concerning the adult personal use of cannabis. 132 H. 511 (App.), 323 P.3d 155 (2014).