Possession of a Controlled Substance in Hawaii

All states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for their sale. Hawaii considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them.

This article discusses possession of controlled substances only. Sale of CDS has different penalties. For more information on sale of CDS see Sale of Controlled Substances in Hawaii.

How Hawaii Classifies Controlled Dangerous Substances

Hawaii divides its CDS into five groups or “schedules” (I through V), based on the potential for harm to the user.

• Schedule I drugs (such as opium derivatives) are those considered to have the highest degree of possible danger to users.
• Schedule II drugs (such as methadone and PCP) have a lower degree of possible danger to users than Schedule I drugs, but higher than Schedule III drugs.
• Schedule III drugs (such as lysergic acid) have a lower degree of possible danger than Schedule II drugs, but higher than Schedule IV drugs.
• Schedule IV drugs (such as zolpidem and diazepam) have a lower degree of possible danger than Schedule IIIA drugs, but higher than Schedule V drugs.
• Schedule V drugs (such as some dosages of codeine) have a lower degree of possible danger than Schedule IV drugs.

To understand the charges and penalties you might face, look at the charging document in your case (usually called either a complaint or "information", or, if from a grand jury, an indictment). Identify the name of the drugs specified in the document, consult the schedules explained above, and place them in the proper schedule. Then read below to learn about possible charges and sentences. The statutes that place various drugs in each schedule are Hawaii Revised Statutes Sections 329-13 to 329-22.

How Hawaii Punishes CDS Sales Crimes

Hawaii punishes CDS crimes based on whether the substance is categorized as a “dangerous”, “detrimental”, or “harmful” drug, and by the amount of the substance involved in the case. The CDS that belongs in each group is discussed below. To emphasize the point, we'll italicize the group name each time it appears. 

All CDS crimes, including possession, distribution, and sales, are referred to as “promoting.” The promoting of CDS is punishable as either a felony or as a misdemeanor. Hawaii has three classes of felonies: Classes A, B, and C. Felony sale or distribution of CDS can be of any class. Misdemeanor crimes face shorter periods of incarceration and smaller fines than felonies.

Dangerous CDS

“Dangerous” CDS includes the following:

• any Schedule I substance
• any Schedule II substance, or
• Schedule III tiletamine/zolazepam (telazol, 2-(ethylamino)-2-(-thienyl)-cyclohexanone, flupyrazapon, or any of its salts, isomers, or isomer of salts.

Harmful CDS

“Harmful” CDS includes the following:

• any Schedule III substance ( other than those classified as dangerous CDS above)
• any Schedule IV substance, and
• any marijuana concentrate (except marijuana).

Detrimental CDS

“Detrimental” CDS is any Schedule V substance or marijuana (other than marijuana concentrate).

(Hawaii Revised Statutes Section 712-1240.)

Class A Felony Possession

Class A felonies are punishable by a period of incarceration of up to 20 years, without the possibility of probation or a suspended sentence, and a fine of up to $50,000. The following convictions are Class A felonies.

(Hawaii Revised Statutes Section 706-640, 706-659.)

Promoting a dangerous CDS in the first degree

Possession of the following substances is a Class A felony:

• one ounce or more of any substance that contains heroin, morphine, cocaine, or any of their salts, isomers, or salts or isomers, or
• one and a half ounces or more of any other dangerous drug (other than methamphetamine.)

(Hawaii Revised Statutes Section 712-1241)

Promoting a harmful CDS in the first degree

Possession of the following substances is a Class A felony:

• 100 or more capsules, tablets, or doses that contain one or more harmful drugs, or one or more marijuana concentrates, or any combination of the two, or
• one or more mixtures, preparations, or compounds that contains one ounce or more harmful drugs, marijuana concentrates, or any combination of the two.

 (Hawaii Revised Statutes Section 712-1244.)

Class B Felony Possession

Class B felonies are punishable by a period of incarceration of up to ten years and a fine of up to $25,000. The following convictions receive Class B felony punishment.

(Hawaii Revised Statutes Sections 706-640, 706-659.)

Promoting a dangerous CDS in the second degree

Possession of the following is a Class B felony:

• 25 or more capsules, tablets, or doses that contains one more dangerous drug
• 1/8 ounce or more of any substance that contains methamphetamine, heroin, morphine, cocaine, or any of their salts, isomers, or salt of isomers, or
• ¼ ounce or more of any substance that contains any dangerous drug (other than methamphetamine.)

(Hawaii Revised Statutes Section 712-1242.)

Promoting a harmful CDS in the second degree

Possession of the following is a Class B felony:

• 50 or more capsules, tablets, or doses that contains one or more harmful drugs, marijuana concentrates, or any combination of the two, or
• 1/8 ounces or more of any mixtures, preparations, or compounds that contain one or more harmful drug, or one or more marijuana concentrate, or any combination of the two.

(Hawaii Revised Statutes Section 712-1245.)

Class C Felony Possession 

Class C felonies are punishable by a period of incarceration of up to five years and a fine of up to $10,000. The following convictions receive Class C felony punishment.

(Hawaii Revised Statutes Sections 706-640, 706-659.)

Promoting a dangerous drug in the third degree

The possession of any amount of a dangerous drug is a Class C felony.

(Hawaii Revised Statutes Section 712-1243.)

Promoting a harmful drug in the third degree

The possession of 25 or more capsules, tablets, or doses that contains one or more harmful drugs or marijuana concentrates, or any combination of the two, is a Class C felony.

(Hawaii Revised Statutes Section 712-1246.)

Promoting a detrimental drug in the first degree

The possession of the following is a Class C felony:

• 400 or more capsules or tablets that contain a Schedule V substance
• one or more preparations, compounds, or mixtures that weigh one ounce or more that contains a Schedule V substance, or
• one or more preparations, compounds, or mixtures that weigh one pound or more that contains any marijuana.

Marijuana plants. The possession of, growing of, or control of 25 or more marijuana plants is a Class C felony.

(Hawaii Revised Statutes Section 712-1247.)

Misdemeanor Possession

Hawaii classifies misdemeanor crimes as either petty misdemeanors or misdemeanors. Petty misdemeanors are less serious than misdemeanors.

Promoting a detrimental drug in the second degree

The possession of the following is a misdemeanor:

• 50 or more capsules or tablets that contains one or more Schedule V substance
• one or more preparations, compounds, or mixtures that weighs 1/8 ounce or more that contains a Schedule V substance, or
• one or more preparations, compounds, or mixtures that weigh one ounce or more that contains any marijuana.

(Hawaii Revised Statutes Section 712-1248.)

Promoting a detrimental drug in the third degree

The possession of any amount of marijuana or a Schedule V substance is a petty misdemeanor punishable by a period of incarceration of up to 30 days and a fine of up to $1,000.

Harmful drugs. The possession of any amount of a harmful  drug is a misdemeanor punishable by a period of incarceration of up to one year and a fine of up to $2,000.

For more on marijuana possession, see Hawaii Marijuana Possession Laws.

(Hawaii Revised Statutes Sections 712-1246.5, 701-107, 706-640, and 712-1249.)

Repeat Offenders

A defendant with a prior felony conviction (defined as any conviction punished by a year or more of incarceration), in Hawaii or from any other jurisdiction, faces enhanced penalties. The size of the enhanced penalty depends on how many prior felonies a defendant has been convicted of, and the class of the current felony conviction. A repeat offender faces the following penalties:

One prior felony conviction. A defendant with one prior felony conviction faces the following mandatory minimum sentence without the possibility of parole:

• for a Class A felony, six years, eight months
• for a Class B felony, three years, four months, and
• for a Class C felony, one year, eight months.

Two prior felony convictions.  A defendant with two prior felony convictions faces the following mandatory minimums without the possibility of parole:

• for a Class A felony, 13 years, four months
• for a Class B felony, six years, eight months, and
• for a Class C felony, three years, four months.

Three or more prior felony convictions. A defendant with three or more prior felony convictions faces the following mandatory minimums without the possibility of parole:

• for a Class A felony, 20 years
• for a Class B felony, ten years, and
• for a Class C felony, five years.

(Hawaii Revised Statutes Section 706-606.5.)

Talk To An Attorney

If you are convicted of a possession of CDS crime, the penalties can result in lengthy periods of incarceration and steep fines. To make sure that you understand the crime you have been charged with, you should consult an attorney who has experience defending CDS crimes. An attorney will review your case and explain to you the options you have and the possible outcomes of the case.