Honolulu Commercial Promotion of Marijuana Defense Lawyers

§712-1249.5 Commercial Promotion of Marijuana in the second degree is a Class B felony in Hawaii.

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

• Possesses marijuana having an aggregate weight of two pounds or more;
• Distributes marijuana having an aggregate weight of one pound or more;
• Possesses, cultivates, or has under the person’s control fifty or more marijuana plants;
• Cultivates on land owned by another person, including land owned by the government or other legal entity, any marijuana plant, unless the person has the express permission from the owner of the land to cultivate the marijuana or the person has a legal or equitable ownership interest in the land or the person has a legal right to occupy the land; or
• Sells or barters any marijuana or any Schedule V substance in any amount to a minor.

Any marijuana seized as evidence in violation of this section in excess of an aggregate weight of two pounds as stated in subsection (1)(a), or in excess of an aggregate weight of one pound as stated in subsection (1)(b), or in excess of twenty-five marijuana plants as stated in subsection (1)(c) may be destroyed after the excess amount has been photographed and the number of plants and the weight thereof has been recorded. The required minimum amount of the marijuana needed to constitute the elements of this offense shall remain in the custody of the police until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or to restrict the application of rule 901 of the Hawaii rules of evidence.

With the passage of medical marijuana laws in many states, people may believe that marijuana is legal in Hawaii. Although medical marijuana has been legalized, the recreational use of marijuana remains illegal in Hawaii, and Marijuana is still classified as a schedule 1 substance. So, you can be arrested for possessing, cultivating, selling, or distributing marijuana in the state of Hawaii. In Hawaii, drug crimes, even those involving just drug residue, can be charged as felonies. Because of mandatory sentencing laws, you could be facing mandatory prison depending on the circumstances.

If you have been charged with any drug crime, you should meet with a criminal defense attorney to discuss the charges you are facing. At the Attorneys for Freedom Law Firm, our attorneys have the experience and knowledge to represent people charged with marijuana crimes. Don’t trust your freedom to an inexperienced criminal defense attorney or one who dabbles in criminal law. We have been firmly committed to representing people charged with drug crimes since 1994.

If you have been charged with any type of drug crime in Hawaii, Email us or call our office at 808-647-2423 and our experienced team of criminal defense lawyers will help you come up with the best solutions for your case.

Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423