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STATE v. RENFRO

Nos. 5616, 5630.

542 P.2d 366 (1975)

STATE of Hawaii, Appellee, v. James Collin RENFRO, Defendant-Appellant. STATE of Hawaii, Appellee, v. Robert Marvin OLSON, Defendant-Appellant.

Supreme Court of Hawaii.

November 12, 1975.

Attorney(s) appearing for the Case

Philip H. Lowenthal, Deputy Public Defender, Honolulu (Donald K. Tsukiyama, Public Defender, Honolulu, with him on the briefs), for defendants-appellants.

Melvyn T. Yoshii, Deputy County Atty. (Arthur T. Ueoka, County Atty., County of Maui, Wailuku, with him on the briefs), for plaintiff-appellee.

John A. Chanin, Honolulu (Chanin & Ruthruff, Honolulu, of counsel), for National Organization for Reform of Marijuana Laws, amicus curiae.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and Circuit Judge SODETANI assigned by reason of vacancy.

RICHARDSON, Chief Justice.

Defendants in both these cases were charged with possessing over 2.2 pounds of marijuana and were subsequently convicted of promoting a detrimental drug in the first degree. Section 1247 of the Hawaii Penal Code1 provides that:

(1) A person commits the offense of promoting a detrimental drug in the first degree if he knowingly and unlawfully: .......

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