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.
Hawaii divides its CDS into five groups or "schedules" (I through V), based on the potential for harm to the user.
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.
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 includes the following:
"Harmful" CDS includes the following:
"Detrimental" CDS is any Schedule V substance or marijuana (other than marijuana concentrate).
(Hawaii Revised Statutes Section 712-1240.)
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.)
Possession of the following substances is a Class A felony:
(Hawaii Revised Statutes Section 712-1241)
Possession of the following substances is a Class A felony:
(Hawaii Revised Statutes Section 712-1244.)
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.)
Possession of the following is a Class B felony: