Haw. Rev. Stat. § 712-1248
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(j); am L 1989, c 384, §3]
In subsection (1)(a) and (b), "or" deleted pursuant to §23G-15.
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 (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).
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).