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State v. Carmichael8/29/2002
the same subject matter, this court has adopted three rules of statutory construction:
First, legislative enactments are presumptively valid and should be interpreted in such a manner as to give them effect. Second, laws in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one statute may be called in aid to explain what is doubtful in another. Third, where there is a plainly irreconcilable conflict between a general and a specific statute concerning the same subject matter, the specific will be favored. However, where the statutes simply overlap in their application, effect will be given to both if possible, as repeal by implication is disfavored. State v. Putnam, 93 Hawaii 362, 373, 3 P.3d 1239, 1250 (2000) (quoting Richardson v. City and County of Honolulu, 76 Hawaii 46, 54-55, 868 P.2d 1193, 1201-02, reconsideration denied, 76 Hawaii 247, 871 P.2d 795 (1994), judgment aff'd, 124 F.3d 1150 (9th Cir. 1997) (internal quotation marks, brackets, and citations omitted) (emphasis added)).
The pivotal determination to be made is whether HRS § 712-1243 and HRS § 702-236 are in conflict, or if they merely overlap.
I begin my analysis by first interpreting HRS § 712-1243. The court's "foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose." Putnam, 93 Hawaii at 367, 3 P.3d at 1244 (quoting Gray v. Administrative Dir. of the Court, 84 Hawaii 138, 148, 931 P.2d 580, 590 (1997) (citations omitted)). The language of HRS § 712-1243 is clear and unambiguous. HRS § 712-1243 provides in relevant part:
Promoting a dangerous drug in the third degree. (1) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount.
....
(3) Notwithstanding any law to the contrary, if the commission of the offense of promoting a dangerous drug in the third degree under this section involved the possession or distribution of methamphetamine, the person convicted shall be sentenced to an indeterminate term of imprisonment of five years with a mandatory minimum term of imprisonment, the length of which shall be not less than thirty days and not greater than two-and-a-half years, at the discretion of the sentencing court....
HRS § 712-1243(1) prohibits the illegal possession of dangerous drugs, expressly employing the phrase "in any amount." Accordingly, one might ask, what part of the word "any" do we not understand? In my view, the phrase "in any amount" creates the inference of a zero tolerance policy that leaves no room for discussion on the quantity of drug possessed.
Second, the statutory scheme and the purpose of the statute support the clear and unambiguous language of HRS § 712-1243. In comparing the minimum quantities selected by the legislature for "dangerous drug" offenses and the minimum quantities selected for other related offenses, it becomes clear that the legislature consciously treated "dangerous drugs" with a heightened level of severity. The Commentary to Sections 712-1241 to 1250 explains that HRS §§ 712-1241 to 1250 "set forth four different offenses relating to drugs and intoxicating compounds. The offenses are: 1) promoting a dangerous drug; 2) promoting a harmful drug; 3) promoting a detrimental drug; and 4) promoting intoxicating compounds." Commentary on HRS §§ 712-1241 to 1250. Of the four different offenses, only the sections pertain
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