§712-1244 Promoting a harmful drug in the
first degree. (1) A person commits the offense of promoting a harmful
drug in the first degree if the person knowingly:
(a) Possesses one hundred or more capsules or
tablets or dosage units containing one or more of the harmful drugs or one or
more of the marijuana concentrates, or any combination thereof;
(b) Possesses one or more preparations, compounds,
mixtures, or substances, of an aggregate weight of one ounce or more containing
one or more of the harmful drugs or one or more of the marijuana concentrates,
or any combination thereof;
(c) Distributes twenty-five or more capsules or
tablets or dosage units containing one or more of the harmful drugs or one or
more of the marijuana concentrates, or any combination thereof;
(d) Distributes one or more preparations, compounds,
mixtures, or substances, of an aggregate weight of one-eighth ounce or more,
containing one or more of the harmful drugs or one or more of the marijuana
concentrates, or any combination thereof; or
(e) Distributes any harmful drug or any marijuana
concentrate in any amount to a minor.
(2) Promoting a harmful drug in the first
degree is a class A felony. [L 1972, c 9, pt of §1; am L 1975, c 119, §1 and c
163, §6(f); am L 1979, c 105, §66; am L 1981, c 31, §2; am L 1989, c 163, §3;
gen ch 1992]
Revision Note
In subsection (1)(a), (b), and (c), "or" deleted
pursuant to §23G-15.
Case Notes
Subsection (1)(d) not void for vagueness with respect to
hashish; statutory classification of hashish as a harmful drug did not violate
equal protection. 65 H. 174, 649 P.2d 381 (1982).
Chain of custody requirements. 1 H. App. 546, 622 P.2d 620
(1981).
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1977–2024 · leading case:
State v. Carmichael, 53 P.3d 214 (Haw. 2002).
State v. Carmichael, 53 P.3d 214 (Haw. 2002).
· cites it 4× “Compare HRS §§ 712-1241 to 1243 with HRS §§ 712-1244 to 1250. The legislature's statutory scheme further indicates that the possession of "any amount" is intended to be an indismissible violation of the act.”
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
· cites it 4× “5; Promoting a Dangerous Drug in the First Degree, HRS § 712-1241; Promoting a Harmful Drug in the First Degree, HRS § 712-1244; and Commercial Promotion of Marijuana, HRS § 712-1249.”
State v. Mattiello, 978 P.2d 693 (Haw. 1999).
· cites it 2× “HRS § 712-1244 provides in relevant part that "[a] person commits the offense of promoting a harmful drug in the first degree if the person knowingly: .”
State v. Petrie, 649 P.2d 381 (Haw. 1982).
· cites it 4× “It is believed that hashish and tetrahydrocannabinol, and its alkaloids, salts, derivatives, preparations, compounds, and mixtures, will be subject to more abuse in the future due to the rise in popularity of marijuana, of which hashish is a concentrated resin extract.”
State v. Scotland, 572 P.2d 497 (Haw. 1977).
· cites it 3× “Our review of the transcript of the evidence which was *476 before the grand jury demonstrates, and we find, that there was more than sufficient legal and competent evidence for the grand jury to find probable cause that the appellee violated HRS § 712-1244(1) (d) (Special…”
State v. Hoang, 947 P.2d 360 (Haw. 1997).
· cites it 4× “Thus, for example, knowingly possessing one ounce or more of a “harmful” drug constitutes a form of promoting a harmful drug in the first degree, a class A felony, see HRS §§ 712-1244(1)(b) and (2) (1993), whereas knowingly possessing one-eighth ounce or more of the same drug…”
State v. Kido, 654 P.2d 1351 (Haw. App. 1982).
· cites it 4× “” 1 Count III: Violating HRS § 712-1244(1 )(c), Promoting a Harmful Drug in the First Degree, on June 22,1980, by distributing 50 or more capsules or tablets containing “the harmful drug diazepam (quaalude).”
State v. Delaney, 563 P.2d 990 (Haw. 1977).
· cites it 2× “Defendant-appellant, Calvin Delaney, was convicted of violating HRS § 712-1244 (Promoting a Harmful Drug in the First Degree) and § 712-1243 (Promoting a Dangerous Drug in the Third Degree).”
State v. Meyer, 595 P.2d 288 (Haw. 1979).
“49047, defendant Lindquist was indicted for promoting a harmful drug in the first degree by distributing one or more compounds containing phencyclidine (PCP), on or about April 21, 1976, and for promoting a harmful drug in the first degree by distributing one or more compounds…”
State v. Hatori, 990 P.2d 115 (Haw. App. 1999).
· cites it 2× “g, HRS § 712-1244 (1993) (Promoting a harmful drug in the first degree); HRS § 712-1245 (1993) (Promoting a harmful drug in the second degree); HRS § 712-1247 (1993) (Promoting a detrimental drug in the first degree); HRS § 712-1248 (1993) (Promoting a detrimental drug in the…”
State v. Choy, 661 P.2d 1206 (Haw. App. 1983).
· cites it 4× “In the commentary to HRS § 712-1244, it is stated that THC was recently synthesized.”
Slavick v. State, 550 P.3d 1264 (Haw. App. 2024).
· cites it 3× “NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER conviction for Promoting a Harmful Drug in the First Degree in violation of Hawaii Revised Statutes (HRS) § 712-1244(1)(a) (1993), for which he was sentenced to twenty years in prison.”
— Haw. Rev. Stat. § 712-1244(1) — 1 case
State v. Scotland, 572 P.2d 497 (Haw. 1977).
“Our review of the transcript of the evidence which was *476 before the grand jury demonstrates, and we find, that there was more than sufficient legal and competent evidence for the grand jury to find probable cause that the appellee violated HRS § 712-1244(1) (d) (Special…”
— Haw. Rev. Stat. § 712-1244(1)(a) — 2 cases
Slavick v. State, 550 P.3d 1264 (Haw. App. 2024).
“NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER conviction for Promoting a Harmful Drug in the First Degree in violation of Hawaii Revised Statutes (HRS) § 712-1244(1)(a) (1993), for which he was sentenced to twenty years in prison.”
— Haw. Rev. Stat. § 712-1244(1)(b) — 1 case
State v. Hoang, 947 P.2d 360 (Haw. 1997).
“Thus, for example, knowingly possessing one ounce or more of a “harmful” drug constitutes a form of promoting a harmful drug in the first degree, a class A felony, see HRS §§ 712-1244(1)(b) and (2) (1993), whereas knowingly possessing one-eighth ounce or more of the same drug…”
— Haw. Rev. Stat. § 712-1244(1)(e) — 1 case
State v. Hoang, 947 P.2d 360 (Haw. 1997).
“Thus, for example, knowingly possessing one ounce or more of a “harmful” drug constitutes a form of promoting a harmful drug in the first degree, a class A felony, see HRS §§ 712-1244(1)(b) and (2) (1993), whereas knowingly possessing one-eighth ounce or more of the same drug…”
— Haw. Rev. Stat. § 712-1244(2) — 2 cases
State v. Kido, 654 P.2d 1351 (Haw. App. 1982).
“” 1 Count III: Violating HRS § 712-1244(1 )(c), Promoting a Harmful Drug in the First Degree, on June 22,1980, by distributing 50 or more capsules or tablets containing “the harmful drug diazepam (quaalude).”
Slavick v. State, 550 P.3d 1264 (Haw. App. 2024).
“NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER conviction for Promoting a Harmful Drug in the First Degree in violation of Hawaii Revised Statutes (HRS) § 712-1244(1)(a) (1993), for which he was sentenced to twenty years in prison.”
— Haw. Rev. Stat. § 712-1244(d) — 1 case
State v. Meyer, 595 P.2d 288 (Haw. 1979).
“49047, defendant Lindquist was indicted for promoting a harmful drug in the first degree by distributing one or more compounds containing phencyclidine (PCP), on or about April 21, 1976, and for promoting a harmful drug in the first degree by distributing one or more compounds…”
— Haw. Rev. Stat. § 712-1244(l)(d) — 2 cases
State v. Petrie, 649 P.2d 381 (Haw. 1982).
“It is believed that hashish and tetrahydrocannabinol, and its alkaloids, salts, derivatives, preparations, compounds, and mixtures, will be subject to more abuse in the future due to the rise in popularity of marijuana, of which hashish is a concentrated resin extract.”
State v. Choy, 661 P.2d 1206 (Haw. App. 1983).
“In the commentary to HRS § 712-1244, it is stated that THC was recently synthesized.”
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