§329C-2 - Offenses. - Hawaii Statutes

     [§329C-2]  Offenses.  (a)  No person shall manufacture, distribute, or possess with intent to distribute, an imitation controlled substance.  Any person who violates this subsection shall be guilty of a misdemeanor.

     (b)  No person eighteen years of age or over shall violate subsection (a) by distributing an imitation controlled substance to a person under eighteen years of age.  Any person who violates this subsection shall be guilty of a class C felony.

     (c)  No person shall use, or possess with intent to use, an imitation controlled substance.  Any person who violates this subsection shall be guilty of a petty misdemeanor, except that possession of a substance imitating a controlled substance which is subject to section 712-1249 shall constitute a violation.

     (d)  No person shall place in any newspaper, magazine, handbill, or other publication, or post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances.  Any person who violates this subsection shall be guilty of a misdemeanor.

     (e)  No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under chapter 329 who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research. [L 1984, c 222, pt of §1]