New legislation will soften drug fines in Hawaii.
New legislation will soften fine
If civilians are caught carrying drug paraphernalia on their person in Hawai‘i, they may face a possible five-year prison sentence or a $10,000 fineand a Class C felony charge.
On May 2, the state House of Representatives and the state Senate approved a bill, House Bill 1501, that softens the punishments associated with drug paraphernalia. Under the bill, instead of a $10,000 fine, offenders would face no more than a $500 fine and a violation charge, rather than a Class C felony charge.
The current punishment for possession of drug paraphernalia seeks to deter drug use in our islands, whether of crystal meth or heroin. This bill is thoughtless and will only act as an incentive, prompting illegal drug users to be more bold with drug use and possession.
The thought behind the bill
Hawai‘i is known for having strict laws concerning drug possession and drug paraphernalia. The motivation behind proposing this new bill was to decrease Hawai‘i’s prison population.
The bill’s introducer, State Representative Joy San Buenaventura, claimed that current sentencing for drug paraphernalia is causing overcrowding in prisons.
“If you’re caught at a party with a joint and rolling papers, odds are you’re not going to have the thousands of dollars required in cash on hand to bail yourself out,” San Buenaventura told the Star Advertiser.
A necessary penalty
What San Buenaventura does not realize is that this law is not likely to actually reduce the prison population. It is rare for anyone to receive a felony charge for carrying drug paraphernalia. Drug paraphernalia charges are usually coupled with other drug possession charges.
State Attorney General Douglas Chin, who is against the bill, stated in a written testimony that more people are sent to prison on conviction for carrying third-degree possession of lethal drugs than are convicted of possessing drug equipment.
“A felony paraphernalia charge is rarely filed by itself, and is more commonly filed in addition to another drug felony such as third-degree possession of a dangerous drug, which is also punishable by up to five years in prison,” said Chin.
Chin added, “Most people convicted of drug paraphernalia charges are not required to serve the full five-year maximum unless they are repeat offenders or have violent criminal histories.”
The people who face the most extreme penalty for possession of paraphernalia are not harmless citizens but, rather, those who exhibit numerous other criminal behaviors.
Having to pay a fine of $10,000 for carrying drug paraphernalia may seem harsh, but it was mandated out of good intentions. The existing law is a good way to remind people that drug use will not be tolerated in Hawai‘i.
(This article has been posted on Ka Leo.)