Hawaii § 325-114 - Liability.

§ 325-114. Liability.

(a) Possession or delivery of needles or syringes shall not constitute an offense under section 329-43.5 for program staff acting in the course and scope of official duties; provided that delivery is limited to other program staff or to syringe exchange participants pursuant to this part. Possession of needles or syringes shall not constitute an offense under section 329-43.5 for syringe exchange participants participating in a program visit. (b) Possession or delivery of authorized objects shall not constitute an offense under section 329-43.5 for program staff acting in the course and scope of official duties; provided that delivery is limited to other program staff or to syringe exchange participants pursuant to this part. Possession of authorized objects shall not constitute an offense under section 329-43.5 for syringe exchange participants participating in a program visit. The department shall establish a specific list of authorized objects, which may be updated from time to time as needed. (c) Possession or delivery of used needles or syringes containing residue shall not constitute a drug possession offense under section 712-1242(1)(c), 712-1243, 712-1245(1)(c), 712-1246.5, 712-1248(1)(d), or 712-1249 for syringe exchange participants within two months after their last participation in a program visit; and shall not constitute an offense for program staff acting in the course and scope of official duties; provided that any delivery, whether by syringe exchange participants or by program staff, shall be made only to program staff pursuant to this part. (d) Subsections (a), (b), and (c) shall only apply to needles, syringes, or authorized objects possessed by syringe exchange participants or program staff; or to needles, syringes, or authorized objects delivered between program staff, or between a syringe exchange participant and program staff. (e) Subsections (a), (b), and (c) shall not apply to any needles, syringes, or authorized objects: (1) Possessed by anyone other than syringe exchange participants or program staff; or (2) Delivered between: (A) Syringe exchange participants; (B) A syringe exchange participant and an individual who is neither a syringe exchange participant nor program staff; (C) Individuals who are neither syringe exchange participants nor program staff; or (D) An individual who is neither a syringe exchange participant nor program staff. (f) A law enforcement officer who, acting in good faith, arrests or charges a person who is thereafter determined to be exempt from an offense pursuant to this section shall not be subject to civil liability for the mere arrest or filing of charges. (g) Except as specifically provided in this section, nothing in this part shall provide immunity from prosecution to any person for violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances, dangerous drugs, detrimental drugs, or harmful drugs. Except as specifically provided in this section, nothing in this part shall provide immunity from prosecution to any person for violation of section 329-41, 329-42, or 712-1241 through 712-1249.7. [L 1992, c 152, pt of §2; am L 2025, c 106, §4] Previous Vol06_Ch0321-0344 Next