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Hawaii Revised Statutes

Haw. Rev. Stat. § 712-1248 (2026)

  Promoting a detrimental drug in the second degree

✓ current as of July 2026
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     §712-1248  Promoting a detrimental drug in the second degree.  (1)  A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:

     (a)  Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;

     (b)  Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the Schedule V substances;

     (c)  Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more, containing any marijuana; or

     (d)  Distributes any marijuana or any Schedule V substance in any amount.

     (2)  Promoting a detrimental drug in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1975, c 163, §6(j); am L 1989, c 384, §3]

 

Revision Note

 

  In subsection (1)(a) and (b), "or" deleted pursuant to §23G-15.

 

Case Notes

 

  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).

 

 

Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1978–2023 · leading case: State v. Wallace, 910 P.2d 695 (Haw. 1996).
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State v. Wallace, 910 P.2d 695 (Haw. 1996). · cites it 10× “Evidence of the weight of the marijuana (Count Three) The only witness whose testimony bore upon whether the marijuana at issue in Count Three had an “aggregate weight of one ounce or more” for purposes of HRS § 712-1248 was Officer Matsuura, who testified as follows on direct…”
State v. Rodrigues., 454 P.3d 428 (Haw. 2019). · cites it 4× “” 4 HRS § 712-1248 (2014) provides the following in relevant part: (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly: (a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;…”
State v. Hoang, 947 P.2d 360 (Haw. 1997). · cites it 14× “HRS § 712-1248, in turn, now provided in relevant part: Promoting a detrimental drug in the second degree.”
State v. Lloyd, 606 P.2d 913 (Haw. 1980). · cites it 4× “The defendant was convicted on one count of promoting a detrimental drug in the second degree, under HRS § 712-1248, and one count of promoting a detrimental drug in the third degree, under HRS § 712-1249.”
State v. Curtis., 394 P.3d 716 (Haw. 2017). · cites it 4× “HRS § 712-1248(1) (1989) provides in relevant part: (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly: [[Image here]] (c)Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of…”
State v. Petrie, 649 P.2d 381 (Haw. 1982). · cites it 4× “Petrie is taken from his convictions of the offenses of promoting a harmful drug in the first degree, HRS § 7l2-1244(l)(d) and of promoting a detrimental drug in the second degree, HRS § 712-1248(I)(d). On February 9,1979, the defendant sold 18 grams of a substance identified as…”
State v. Woolsey, 802 P.2d 478 (Haw. 1990). · cites it 4× “Appellant Dathaniel Woolsey was convicted of Count I, Prohibited Ownership or Possession of Firearm, in violation of Hawaii Revised Statutes (HRS) § 134-7; Count II, Prohibited Ownership or Possession of Ammunition, in violation of HRS § 134-7; Count III, Promoting a Detrimental…”
Ruggles v. Yagong., 353 P.3d 953 (Haw. 2015). · cites it 2× “Article 16, if enforced, would prevent the investigation and prosecution in the County of Hawaiʻi of the following criminal offenses defined under the Hawaiʻi Penal Code: Section 712-1247(1)(e) Promoting a Detrimental Drug in the First Degree; Section 712-1248(1)(c) Promoting a…”
State v. Rullman, 896 P.2d 944 (Haw. App. 1995). · cites it 4× “The relevant question is whether HRS § 712-1248(1) (d) (distributing) is a lesser included offense of HRS § 712-1247(l)(h) (selling or bartering).”
State v. Elliott, 605 P.2d 930 (Haw. 1980). · cites it 2× “The defendant was found guilty by a jury of violating the provisions of HRS § 712-1248(lXc), promoting a detrimental drug in the second degree.”
State v. Brighter, 595 P.2d 1072 (Haw. 1979). · cites it 2× “4 Appellant was convicted under HRS § 712-1248(l)(c) (1976), which provides as follows: Promoting a detrimental drug in the second degree.”
State v. Kaukani, 577 P.2d 335 (Haw. 1978). · cites it 2× “1 See HRS § 712-1248 (1976 Repl.). 2 The State has assured this Court that it will fully comply with this stipulation in all future proceedings in this case.”
Show all 24 citing cases →
— Haw. Rev. Stat. § 712-1248(1) — 6 cases
State v. Rodrigues., 454 P.3d 428 (Haw. 2019). “” 4 HRS § 712-1248 (2014) provides the following in relevant part: (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly: (a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;…”
State v. Wallace, 910 P.2d 695 (Haw. 1996). “Evidence of the weight of the marijuana (Count Three) The only witness whose testimony bore upon whether the marijuana at issue in Count Three had an “aggregate weight of one ounce or more” for purposes of HRS § 712-1248 was Officer Matsuura, who testified as follows on direct…”
State v. Curtis., 394 P.3d 716 (Haw. 2017). “HRS § 712-1248(1) (1989) provides in relevant part: (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly: [[Image here]] (c)Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of…”
State v. Rullman, 896 P.2d 944 (Haw. App. 1995). “The relevant question is whether HRS § 712-1248(1) (d) (distributing) is a lesser included offense of HRS § 712-1247(l)(h) (selling or bartering).”
State v. Hoang, 947 P.2d 360 (Haw. 1997). “HRS § 712-1248, in turn, now provided in relevant part: Promoting a detrimental drug in the second degree.”
— Haw. Rev. Stat. § 712-1248(1)(c) — 5 cases
State v. Curtis., 394 P.3d 716 (Haw. 2017). “HRS § 712-1248(1) (1989) provides in relevant part: (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly: [[Image here]] (c)Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of…”
Ruggles v. Yagong., 353 P.3d 953 (Haw. 2015). “Article 16, if enforced, would prevent the investigation and prosecution in the County of Hawaiʻi of the following criminal offenses defined under the Hawaiʻi Penal Code: Section 712-1247(1)(e) Promoting a Detrimental Drug in the First Degree; Section 712-1248(1)(c) Promoting a…”
State v. Woolsey, 802 P.2d 478 (Haw. 1990). “Appellant Dathaniel Woolsey was convicted of Count I, Prohibited Ownership or Possession of Firearm, in violation of Hawaii Revised Statutes (HRS) § 134-7; Count II, Prohibited Ownership or Possession of Ammunition, in violation of HRS § 134-7; Count III, Promoting a Detrimental…”
State v. Kwolek, 536 P.3d 866 (Haw. App. 2023).
State v. Vaden, 497 P.3d 1104 (Haw. App. 2021).
— Haw. Rev. Stat. § 712-1248(1)(d) — 2 cases
State v. Hoang, 947 P.2d 360 (Haw. 1997). “HRS § 712-1248, in turn, now provided in relevant part: Promoting a detrimental drug in the second degree.”
State v. Puck, 499 P.3d 420 (Haw. App. 2021).
— Haw. Rev. Stat. § 712-1248(I)(d) — 1 case
State v. Petrie, 649 P.2d 381 (Haw. 1982). “Petrie is taken from his convictions of the offenses of promoting a harmful drug in the first degree, HRS § 7l2-1244(l)(d) and of promoting a detrimental drug in the second degree, HRS § 712-1248(I)(d). On February 9,1979, the defendant sold 18 grams of a substance identified as…”
— Haw. Rev. Stat. § 712-1248(l)(c) — 5 cases
State v. Wallace, 910 P.2d 695 (Haw. 1996). “Evidence of the weight of the marijuana (Count Three) The only witness whose testimony bore upon whether the marijuana at issue in Count Three had an “aggregate weight of one ounce or more” for purposes of HRS § 712-1248 was Officer Matsuura, who testified as follows on direct…”
State v. Brighter, 595 P.2d 1072 (Haw. 1979). “4 Appellant was convicted under HRS § 712-1248(l)(c) (1976), which provides as follows: Promoting a detrimental drug in the second degree.”
State v. Woolsey, 802 P.2d 478 (Haw. 1990). “Appellant Dathaniel Woolsey was convicted of Count I, Prohibited Ownership or Possession of Firearm, in violation of Hawaii Revised Statutes (HRS) § 134-7; Count II, Prohibited Ownership or Possession of Ammunition, in violation of HRS § 134-7; Count III, Promoting a Detrimental…”
Ruggles v. Yagong, 323 P.3d 155 (Haw. App. 2014).
State v. Moore, 659 P.2d 70 (Haw. 1983).
— Haw. Rev. Stat. § 712-1248(l)(d) — 4 cases
State v. Hoang, 947 P.2d 360 (Haw. 1997). “HRS § 712-1248, in turn, now provided in relevant part: Promoting a detrimental drug in the second degree.”
State v. Petrie, 649 P.2d 381 (Haw. 1982). “Petrie is taken from his convictions of the offenses of promoting a harmful drug in the first degree, HRS § 7l2-1244(l)(d) and of promoting a detrimental drug in the second degree, HRS § 712-1248(I)(d). On February 9,1979, the defendant sold 18 grams of a substance identified as…”
State v. Rullman, 896 P.2d 944 (Haw. App. 1995). “The relevant question is whether HRS § 712-1248(1) (d) (distributing) is a lesser included offense of HRS § 712-1247(l)(h) (selling or bartering).”
State v. Choy, 661 P.2d 1206 (Haw. App. 1983).
— Haw. Rev. Stat. § 712-1248(lXc) — 1 case
State v. Elliott, 605 P.2d 930 (Haw. 1980). “The defendant was found guilty by a jury of violating the provisions of HRS § 712-1248(lXc), promoting a detrimental drug in the second degree.”
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