Legal Opinion

State v. Baker

Hawaii Supreme Court

Decided May 12, 1975No. 5723, 5728, 5732, 5734 and 5737PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT BY

LEWIS, J.

Each of the defendants in these consolidated cases was charged in the District Court of the First Circuit under section 1249 of the Hawaii Penal Code,1 which reads:

*273Sec. 1249 —Promoting a detrimental drug in the third degree.(1) A person commits the offense of promoting a detrimental drug in the third degree if he knowingly and unlawfully possesses any marijuana or any Schedule V substance in any amount.(2) Promoting a detrimental drug in the third degree is a petty misdemeanor.

The court held the statute unconstitutional insofar as it related to the possession…

2Cases cited21 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Griswold v. ConnecticutSupreme Court of the United States · 1965
  3. Eisenstadt v. BairdSupreme Court of the United States · 1972
  4. Stanley v. GeorgiaSupreme Court of the United States · 1969
  5. Mugler v. KansasSupreme Court of the United States · 1887

16 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. FreitasHawaii Supreme Court · 1979
  2. State v. BarnesHawaii Supreme Court · 1977
  3. State v. MallanHawaii Supreme Court · 1998
  4. State v. FriedmanHawaii Supreme Court · 2000
  5. Small v. StateWyoming Supreme Court · 1984

19 more not listed; retrieve them via the Exa API.

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