Marijuana Policy Project

Possessing under 1 ounce would draw fine, no jail time

The law enforcement community is taking a united stand against a bill that would reduce penalties for possessing small amounts of marijuana.

House Bill 1192, now awaiting action in the Judiciary Committee, would make possession of less than an ounce a civil violation, subject to a $100 fine.

Minors would also be required to complete a drug awareness program, consisting of at least four hours of classroom instruction or group discussion and 10 hours of community service.

The bill has already survived votes by the combined Public Safety and Human Services committees. While most of the other bills introduced this session propose to amend the state's medical marijuana law, HB 1192 would remove the threat of jail time for some offenders.

First Deputy Prosecutor Charlene Iboshi said the penalties don't need to be reduced any further.

"They just get a slap on the wrist, anyway," Iboshi said.

Possession of marijuana in any amount is a misdemeanor punishable by up to 30 days in jail, although "they never get 30 days," Iboshi said.

She rejected the argument, advanced by proponents of decriminalizing marijuana, that it would save money. Iboshi said police typically recover small amounts of marijuana during traffic stops, and that such prosecutions don't add to the cost of law enforcement.

"It's not taking any more than a DUI, and it's not like a lot of money is spent" to make the arrest, she said.

The Hawaii Police Department submitted written testimony for the Feb. 5 committee hearing to oppose the bill.

According to Deputy Police Chief Paul Ferreira, first-time offenders usually receive a fine of $75 to $150 or probation.

"Keeping the penalty as a petty misdemeanor will have a greater effect on repeat offenders if it is known that judges have the discretion to impose stiffer sentences," Ferreira wrote. "To amend our current statutes from their current restrictions would only assist those individuals now growing marijuana illegally and generating huge profits by allowing them to use the medical marijuana law to aid in avoiding detection."

Other agencies that oppose the bill include the Department of Public Safety, the state Attorney General, the Maui Police Department and the Honolulu and Maui prosecutors.

On the other hand, the American Civil Liberties Union of Hawaii favors passage.

"We support measures that seek to end punitive drug policies that cause widespread violations of constitutional and human rights and lead to unprecedented levels of incarceration.  HB 1192 is such a measure," the ACLU stated, and invoked the Hawaii County ordinance that makes marijuana the lowest law enforcement priority.

"Voters on the Big Island have already indicated that they do not want to spend their limited law enforcement dollars enforcing outdated and ineffective drug laws. It is time to use our limited resources more wisely, and HB 1192 is a step towards that goal," the ACLU states.

State Rep. Clift Tsuji, D-Hilo, Puna, a member of the Judiciary Committee, said he needed more input before deciding how he would cast his vote.

"I really don't know, to tell you the truth.  I will have to listen to the testimony," Tsuji said.