Hawaii Drug Possession Laws

Hawaii drug possession laws prohibit possession of certain controlled substances. These substances include opiates, opium derivatives, hallucinogenic substances, depressants and stimulants. Familiarly known drugs contained under these categories are marijuana, LSD, peyote, methamphetamine, codeine and heroin. It is an affirmative defense that the controlled substance was obtained pursuant to a valid prescription from an authorized practitioner.

Drug Possession in Hawaii

In Hawaii drug, possession is also known as promoting a dangerous drug.

A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly:

• Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:
  • One ounce or more, containing heroin, morphine, or cocaine or any of their respective salts, isomers and salts of isomers
  • One and one-half ounce or more, containing one or more of any of the other dangerous drugs except methamphetamine

Promoting a dangerous drug in the first degree is a Class A felony.

A person commits the offense of promoting a dangerous drug in the second degree if the person knowingly:

• Possesses 25 or more capsules, tablets, ampules, dosage units or syrettes containing one or more dangerous drugs
• Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:
  • One-eighth ounce or more, containing methamphetamine, heroin, morphine, cocaine or any of their respective salts, isomers and salts of isomers
  • One-fourth ounce or more, containing any dangerous drug

Promoting a dangerous drug in the second degree is a Class B felony.

A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount. Promoting a dangerous drug in the third degree is a Class C felony.

Penalties

Plea Options

In addition to the affirmative defense of possession with a valid prescription, it is also a defense that the drugs did not belong to the possessor or that there was no intent to sell. Often courts consider whether there have been any prior offenses.

Talk with an Attorney

If you face drug possession charges in Hawaii, you risk a lengthy jail time if you are convicted. To avoid any penalties and defend against possible prosecution and/or conviction, talk with a lawyer experienced with Hawaii's drug laws.