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Drug classification determines the level of crime for possession

On Behalf of | Sep 23, 2022 | Criminal Defense

There are many different kinds of drugs that people use in Hawaii. Different drugs have different affects on the body and mind. Also, some drugs are used to treat various medical issues and others have no medical purposes and are simply used to alter people’s states of mind. The statutes in Hawaii take this into account and drugs are classified into three main categories. The potential penalties for drug possession are determined by which category the drug is in.

Dangerous drugs

These are drugs are either in Schedule I or II and have a high probability of danger to the people taking them. Most of the drugs in this category can also be highly addictive, adding to the danger. These drugs include heroin, cocaine and others.

People possessing a small amount of these drugs could be charged with a class C felony. If they possess 1/8 ounce of heroin, morphine or cocaine, 1/2 ounce of any other drug or at least 50 tablets of a drug, it is considered a class B felony. It’s a class A felony for possessing one ounce of heroin, morphine or cocaine or two ounces of any other drug.

Harmful drugs

These are drugs in schedules III and IV and are less dangerous than the dangerous drugs. This category includes synthetic marijuana and hashish. Possessing up to one 1/8 ounce of a harmful drug or up t0 50 capsules of the drug is considered a misdemeanor. Possessing between 1/8 ounce and one ounce or between 50 capsules and 400 capsules could result in a class B felony. People possessing more than an ounce or 400 or more capsules is a class A felony.

Detrimental drugs

These drugs are in schedule V, including marijuana, and are the least dangerous drugs. It is a petty misdemeanor if people possess less than one ounce of marijuana, less than 1/8 ounce of other detrimental drugs or less than 50 capsules of these drugs. It is a misdemeanor for possessing more than one ounce of marijuana, 1/8 ounce of other detrimental drugs or more than 50 capsules of the drugs in this category.