Hawaii Statutes Lay Out Drug Trafficking Charges and Spell Out Possible Penalties

There are many state laws covering drug trafficking. Generally, the more powerful and addictive the drug involved – like heroin and cocaine – and the higher amounts that were trafficked, convictions carry stiffer sentences. These drug charges range from the most severe felony, class A, to one with a lesser maximum sentence, class C. The maximum jail time for distributing these drugs range from five to 20 years.

Hawaii law covers illegal drugs, the chemical compounds they’re made of, and legal drugs used in uncontrolled ways without prescriptions. There are also specific laws covering marijuana and methamphetamine trafficking, where drugs are trafficked, and whether children are involved in selling them.

Promoting a controlled substance near, in, or on public parks, schools, school vehicles, or public housing projects or complexes is a class C felony under Haw. Rev. Stat. §712-1249.6.

This is committed when a person knowingly distributes a controlled substance in any amount:

  • In, on, or within 750 feet of the property comprising a school, public park, or public housing project or complex
  • While on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children

Promoting a controlled substance with a minor is a class B felony under Haw. Rev. Stat. §712-1249.7. It’s committed when someone 18 years old or older knowingly hires, employs, persuades, uses, entices, coerces, or induces a minor to help with the illegal distribution of a controlled substance. It becomes a class A felony if the crime happens on, in, or near the school, school vehicles, or public park.


$1,550,000 Plaintiff’s Verdict

Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.

$1,200,000.00 Plaintiff’s Verdict

SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.

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Federal Laws Against Drug Trafficking Cover a Wide Range of Possible Crimes

It’s a federal crime to knowingly and voluntarily distribute a controlled substance or possess one while intending to distribute it. Federal authorities may get involved if there’s evidence there was a scheme to move drugs across state or international borders. A conviction would result in a mandatory minimum jail time of five or 10 years. Depending on the charge, a maximum sentence could be 40 years and along with millions of dollars in fines.

Drug distribution under federal law facilitates the transfer of the substance to another, whether or not you’re doing it to make money. Evidence often used is developed through lengthy and sophisticated investigations.

They include:

  • Large amounts of drugs beyond personal use
  • The presence of baggies, digital scales, firearms, and large amounts of cash
  • Text messages showing arrangements to receive, store, and sell the drugs
  • Conversations heard through phone wiretaps
  • Purchases by informants

There are often many defendants involved. There could be multiple people playing limited roles in an alleged conspiracy to traffic drugs. As an operation grows and more people face charges, it’s more likely one or more will cooperate with the prosecution. There could also be informants for federal law enforcement agencies as the alleged crime took place.

Defenses To Drug Trafficking Charges

Whether the trafficking charge against you is based on state or federal law, Michael Fayard’s work may result in reduced or dismissed charges. As a former prosecutor and in his current practice, connecting facts and potential defense has become second nature for attorney Fayard.

Those defenses could be:

  • There’s insufficient evidence to prove an intent to distribute
  • The prosecution’s case is based on unreliable evidence provided by informants or cooperating witnesses who are lying to get a lesser sentence
  • The government’s evidence should not be allowed because of unlawful intrusions into your home, office, vehicle, or electronic devices, which violated your constitutional rights
  • You don’t know that what you were dealing with were illegal drugs. They were disguised as something else, hidden in packaging and containers, and you weren’t told what they were
  • You were associated with a drug trafficker but not involved with what he or she was doing
  • Government entrapment caused your involvement. You were not predisposed to commit a crime, and the government induced you to do so
He is relentless to ensure his clients are well taken care of.”

- Cliff T

Get the Help You Need From a Drug Trafficking Lawyer You Can Trust

If you’re facing a drug trafficking charge, don’t panic, assume the worst, or talk to law enforcement without an attorney. You don’t have the burden to prove you’re innocent. The prosecution has the burden of proving, beyond a reasonable doubt, that you’re guilty. With Michael Fayard working on the case, his investigation may show severe problems with the case against you.

We offer affordable, flat-fee representation in drug trafficking cases. Your initial consultation with Michael is free. You can discuss your case; he will tell you what to expect and offer you some options to consider. Don’t risk your future by going through this alone. Talking to Michael Fayard may be the most important conversation you will ever have.

Use our contact form or call us at (808) 445-6708 24/7 to schedule a phone or video consultation.