2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence.

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 (2004).

§712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence. (1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the dangerous drug, harmful drug, detrimental drug, or intoxicating compounds possessed, distributed, or sold.

(2) The fact that the defendant distributed or sold a dangerous drug, harmful drug, detrimental drug, or intoxicating compound to a minor is prima facie evidence that the defendant knew the transferee to be a minor. [L 1972, c 9, pt of §1; am L 1984, c 122, §3; am L 1986, c 342, §5; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; gen ch 1992]

COMMENTARY ON §712-1252

Much of the difficulty in proving possession of a dangerous drug, harmful drug or detrimental drug when the substance is found in a motor vehicle is also present in proving mens rea with respect to (1) the character, nature, or quantity of the substance possessed, dispensed, or sold, and (2) the transferee's status as a minor. In cases involving offenses defined in this part, direct evidence, on these issues, such as self- incriminating statements, are rare. Section 712-1252 provides an evidentiary rule analogous to that found in §712-1216 (relating to obscenity offenses). It permits the prosecution to get its case before the trier of fact on issues where direct evidence is difficult to obtain, but it does not change the prosecution's burden of proof.

SUPPLEMENTAL COMMENTARY ON §712-1252

Act 122, Session Laws 1984, amended this section to include intoxicating liquor in regard to prima facie evidence of knowledge of character, nature, or quantity of substance, or age of transferee because of the creation of a new offense of promoting intoxicating liquor to a minor.

Act 207, Session Laws 1992, removed the repeal date of Act 342, Session Laws of Hawaii 1986, to permanently raise the minimum drinking age to twenty-one. Conference Committee Report No. 9.