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STATE v. BACHMAN

No. 6392.

595 P.2d 287 (1979)

STATE of Hawaii, Plaintiff-Appellee, v. Walter R. BACHMAN, Defendant-Appellant.

Supreme Court of Hawaii.

May 21, 1979.

Attorney(s) appearing for the Case

Christopher D. Ferrara, Deputy Public Defender, Honolulu, for defendant-appellant.

Lydia Garcia, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., MARUMOTO, Retired Justice and KATO, Circuit Judge, assigned by reason of vacancies.

PER CURIAM.

The defendant was convicted of the offense of violating HRS § 712-1249, which provides:

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

On appeal the defendant asserts the unconstitutionality of the statute. We find

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