Criminal Justice (Drug Policy)

Establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requires officers to document the justification for the arrests. Amends the circumstances under which officers may issue citations in lieu of arrest. Requires officers to issue citations in lieu of arrest for certain petty misdemeanors and violations, unless public safety or flight risks are present or the alleged offense involves operating a vehicle under the influence of an intoxicant or the abuse of family or household members. Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations. Requires citations be visible on an offender's criminal record. Requires the Criminal Justice Research Institute to submit reports. Effective 3/22/2075. (SD1)

HB 2043 reclassifies minor property damage offenses, such as graffiti or broken windows, as petty misdemeanors instead of higher-level misdemeanors. This change directly affects individuals who commit low-level property offenses by reducing the severity of the criminal charge. The bill establishes a new classification for "criminal mischief" that carries lighter penalties, without altering the core definition of the offense. It represents a policy shift toward treating minor property damage as a less serious violation under the law.

Prohibits persons from operating a medical cannabis dispensary or cultivating cannabis without a license from the Department of Health. Prohibits individuals from providing certain services to individuals engaging in unlicensed cannabis operations. Requires the Department of Health to send a cease and desist notice to violators. Establishes criminal penalties. Establishes an affirmative defense for, and a conclusive basis for certain violations. Establishes exceptions. Establishes a cannabis cultivator license to authorize the cultivation and distribution of cannabis plants. Requires the Department of Health to only issue one cannabis cultivator license for each person. Establishes limits on: (1) the number of cannabis cultivator licenses the Department of Health may issue; (2) the maximum size of plant canopy for indoor and outdoor cultivations for each cannabis cultivator license; and (3) the maximum plant count of mature cannabis plants for each cannabis cultivator license. Authorizes expenditures from the Medical Cannabis Registry and Regulation Special Fund to fund programs for the mitigation and abatement of nuisances relating to chapter 329D, HRS. Appropriates funds out of the Medical Cannabis Registry and Regulation Special Fund for the Department of Attorney General to enforce, and mitigate nuisances relating to, chapter 329D, HRS. Effective 12/31/2050. (SD2)

Establishes factors under which officers may, without warrant, arrest and detain persons for petty misdemeanors and violations. Requires officers to record the factors that justified the warrantless arrest. (HD1)

Decriminalizes the possession of drug paraphernalia relating to marijuana; possession of a certain amount of marijuana concentrate; and the possession of a certain amount of marijuana and smoking of marijuana in a public place. Lowers the criminal penalty for the possession of a certain amount of marijuana concentrate from a misdemeanor to a petty misdemeanor.

HB 689 establishes legal protections ("safe harbor") for survivors of sexual exploitation who seek medical care or contact law enforcement. It directly affects survivors by shielding them from legal consequences for actions related to their exploitation, such as possession of controlled substances or minor legal violations. The bill creates a clear pathway for survivors to access necessary services without fear of prosecution. It takes effect on July 1, 3000, as stated in the official abstract. This is a substantive policy change focused on survivor safety and access to support.

SB 279 aligns the legal possession thresholds for fentanyl with those for methamphetamine, heroin, morphine, and cocaine. This means the amount of fentanyl that triggers criminal penalties will now match the established thresholds for these other serious drugs. The bill directly affects individuals possessing fentanyl, as it changes the point at which possession becomes a criminal offense under current law. This is a policy change to standardize penalties for fentanyl with other high-level controlled substances.

Changes from 1 ounce to 30 grams the minimum amount of marijuana that constitutes the offense of promoting a detrimental drug in the second degree. Increases from 3 grams or less to 15 grams or less the amount of marijuana that constitutes the offense of promoting a detrimental drug in the third degree.

Establishes a mandatory minimum term of imprisonment for promoting a dangerous drug in the third degree if the conviction is predicated on the possession of methamphetamine or fentanyl, and progressive mandatory minimum terms of imprisonment if the person has prior convictions predicated on the trafficking of methamphetamine or the possession of methamphetamine or fentanyl.

HB 1550 removes drug testing products (like home kits or workplace screening tools) from the legal definition of "drug paraphernalia" under the Uniform Controlled Substances Act. This change directly affects businesses that sell these products and individuals who use them, as they will no longer face penalties for possessing them under current drug paraphernalia laws. The bill achieves this by amending the statute to specifically exclude these testing products from the prohibited category. The policy change clarifies legal status without altering broader drug control provisions.