§712-1249.6 - Promoting a controlled substance in, on, or near schools, school vehicles, or public parks. - Hawaii Statutes

     §712-1249.6  Promoting a controlled substance in, on, or near schools, school vehicles, or public parks.  (1)  A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, or public parks if the person knowingly:

    (a)   Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a school or public park;

    (b)   Distributes or possesses with intent to distribute a controlled substance in any amount within seven hundred and fifty feet of the real property comprising a school or public park;

    (c)   Distributes or possesses with intent to distribute a controlled substance in any amount while on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children; or

    (d)   Manufactures methamphetamine or any of its salts, isomers, and salts of isomers, within seven hundred and fifty feet of the real property comprising a school or public park.

     (2)  A person who violates subsection (1)(a), (b), or (c) is guilty of a class C felony.  A person who violates subsection (1)(d) is guilty of a class A felony.

     (3)  Any person with prior conviction or convictions under subsection (1)(a), (b), or (c) is punishable by a term of imprisonment of not less than two years and not more than ten years.

     (4)  Any individual convicted under subsection (3) of this section shall not be eligible for parole until the individual has served the minimum sentence required by such subsection.

     (5)  For the purposes of this section, "school vehicle" means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section.

     (6)  For purposes of this section, "school" means any public or private preschool, kindergarten, elementary, intermediate, middle secondary, or high school. [L 1988, c 284, §1; am L 1991, c 11, §1; am L 2003, c 70, §1; am L 2004, c 44, §8]