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Current as of January 01, 2022 | Updated by FindLaw Staff
In this part, unless a different meaning plainly is required:
“Dangerous drugs” means any substance or immediate precursor defined or specified as a “Schedule I substance” or a “Schedule II substance” by chapter 329, or a substance specified in section 329-18(c)(14), except marijuana or marijuana concentrate.
“Detrimental drug” means any substance or immediate precursor defined or specified as a “Schedule V substance” by chapter 329, or any marijuana.
“Dosage unit” for purposes of section 712-1241 and section 712-1242 means an entity designed and intended for singular consumption or administration.
“Harmful drug” means any substance or immediate precursor defined or specified as a “Schedule III substance” or a “Schedule IV substance” by chapter 329, or any marijuana concentrate except marijuana and a substance specified in section 329-18(c)(14).
“Hemp” means all parts of the plant (genus) cannabis, whether growing or not, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or other similarly reliable methods.
“Immediate precursor” means a substance which the department of health, State of Hawaii, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
“Intoxicating compounds” means any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this section, any such condition so induced shall be deemed to be an intoxicated condition.
“Intoxicating liquor” means any substance defined as “liquor” or “intoxicating liquor” by section 281-1.
“Manufacture” means to produce, prepare, compound, convert, or process a dangerous drug, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical conversion or synthesis.
“Marijuana” means any part of the plant (genus) cannabis, whether growing or not, including the seeds and the resin, and every alkaloid, salt, derivative, preparation, compound, or mixture of the plant, its seeds or resin, except that, as used herein, “marijuana” shall not include:
(1) Hashish, tetrahydrocannabinol, and any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol;
(2) Hemp that is in the possession, custody, or control of an individual or entity that holds a license to produce hemp issued by the United States Department of Agriculture pursuant to title 7 [United States] Code section 1639q;
(3) Hemp that is in the possession, custody, or control of a person or entity that is authorized under state law to process hemp; or
(4) A product containing or derived from hemp that:
(A) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and
(B) Has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent, as measured post-decarboxylation or other similarly reliable methods.
“Marijuana concentrate” means hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol, except that, as used herein, “marijuana concentrate” shall not include:
(1) Hemp that is in the possession, custody, or control of an individual or entity that holds a license to produce hemp, issued by the Secretary of the United States Department of Agriculture pursuant to title 7 United States Code section 1639q; or
(2) A product containing or derived from hemp, including any product containing one or more hemp-derived cannabinoids such as cannabidiol, that:
(A) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and
(B) Has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent, as measured post-decarboxylation or other similarly reliable methods.
“Minor” means a person who has not reached the age of majority.
“Ounce” means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids.
“Practitioner” means[:]
(1) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.
(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.
“To distribute” means to sell, transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.
“To sell” means to transfer to another for consideration.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 712-1240 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-712-1240/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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