2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1257 Prohibited cigarette sales of less than twenty.

Cross References

Drug demand reduction assessments; special fund, see §706-650.

Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

Money laundering, see chapter 708A.

Law Journals and Reviews

Marijuana Prohibition in Hawaii. 13 HBJ No. 3 Fall 1977, pg. 9.

Case Notes

When a statute proscribes a substance as harmful, presumption of constitutionality applies although scientific views on harm are conflicting. This rule applies to marijuana cases. 56 H. 271, 535 P.2d 1394.

Defendants with prior felony convictions of drug offenses are disqualified from sentencing pursuant to §706-622.5, even if the convictions occurred in other jurisdictions and therefore not "under part IV of chapter 712", so long as the offenses would implicate this part if committed in Hawaii. 104 H. 71, 85 P.3d 178.

§712-1257 Prohibited cigarette sales of less than twenty. (1) It shall be unlawful to sell single cigarettes or packs of cigarettes containing less than twenty cigarettes. It further shall be unlawful to sell cigarettes other than in sealed packages originating with the manufacturer and bearing the health warning required by law.

(2) As used in this section, "to sell" includes: to solicit and receive an order for; to have, or keep, or offer, or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; and to traffic in.

(3) "Sale" includes every act of selling as defined in [subsection (2)].

(4) Any person who violates subsection (1), shall be fined not more than $2,500 for the first offense. Any subsequent offense shall subject the person to a fine of not less than $100 and not more than $5,000. Any person who knowingly violates subsection (1) shall be guilty of a class C felony. [L 1996, c 53, §1; am L 2000, c 201, §2]

Cross References

Sale of tobacco to minors, see §709-908.

COMMENTARY ON §712-1257

Act 53, Session Laws 1996, added this section to prohibit the sale of single cigarettes or cigarettes in packs of less than twenty and in other than in sealed packages originating with the manufacturer and bearing the required health warning. The legislature found that the sale of cigarettes in amounts of less than twenty was specifically aimed at minors. The legislature sought to prevent the distribution of cigarettes to minors through quantity and price control. House Standing Committee Report No. 924-96, Senate Standing Committee Report No. 2013.

Act 201, Session Laws 2000, amended this section by increasing to a class C felony the penalty for anyone who knowingly sells single cigarettes or packs of cigarettes containing less than twenty cigarettes. Conference Committee Report No. 108.