Hawaii Attorney General Sends Marijuana Legalization Bill to Lawmakers but Says She "Doesn't Support" It

Hawaii’s Attorney General clarifies that, despite presenting a draft bill for marijuana legalization in November, and defending it against criticism by law enforcement her office in fact does not support legalizing cannabis to be used by adults. The office will not actively oppose the reform as long as it contains certain “key elements.”

On Friday, the Attorney General Anne Lopez (D)’s office sent to lawmakers a revised draft 315-page bill to legalize marijuana as well as a 38-page document outlining issues related.

Lopez stressed in a Friday press release that the draft bill was not “the Department of the Attorney General’s cannabis bill.” The draft bill was created to provide the Legislature with a legislative alternative to consider, a draft that has public health and safety protections built into its structure. If the Legislature chooses to legalize adult use cannabis, this draft bill represents the best judgement we have about how to promote and legal market, reduce risks of harm to society, mitigate any damage that may occur, avoid liability, and provide tools and resources to law enforcement and public health officials to promote public welfare.

Lopez stated explicitly in the press release that his department “doesn’t support the legalization for adult-use marijuana.”

She said: “We recognize that due to the changing public perception over the past few years, the chances that the Legislature will pass legislation legalizing the adult-use of cannabis have significantly increased.” My department has a duty to warn lawmakers of the dangers, and provide a framework with robust public safety and public health safeguards, given that they could theoretically pass legislation as soon as this year.

The comments were published along with the final draft of the bill and the report from the office on the legislation. This report in a section about the department’s legalization position seems to indicate a more neutral stance despite Lopez’s insistence in the press release of the state that it did not support the plan.

The report states that “despite the substantial work done in the final draft, the Department does not Support the passage” of legalizing adult-use marijuana. Italicized text and underlined text are used to emphasize the point. The department will not support a bill’s passage and will remain neutral as long as the bill includes the key elements outlined in this section, and does not contain provisions that are antithetical to those elements.

Department of the Attorney General provides key legislators with report regarding cannabis legalization https://t.co/jStfxOCSsM

Hawaii AG Anne E. Lopez Jan 5, 2024

Lopez did not explicitly state that her office is against the policy change, even though the release emphasized the fact that the office “doesn’t support” legalization.

A spokesperson for Lopez’s Office responded via email on Friday by referring to the neutrality statements in the report.

The spokesperson stated that “the department does not support the legalization of marijuana, but will remain impartial on the issue of bills passing, as long as they contain the key elements identified by the report, and do not include provisions which are antithetical to those elements.”

Hawaii legislators have introduced legalization bills in recent sessions. The Senate passed a reform measure in March but it has yet to be implemented. The attorney general and legislators have indicated that legalization is expected to become law in 2024.

Lopez has been treading a thin line since she was appointed by Gov. Josh Green (D), in late 2022 said at a confirmation meeting last April that “it’s the legislature’s domain to make these decisions.” She then promised at that hearing that she would lead an administrative taskforce to “between now until next legislative legislative session develop a complete legislative package for law enforcement and regulatory that you can attach any bill if your plan is to legalize marijuana.” This commitment led to this bill.

Lopez stated at the time, “I have changed my position from being opposed to saying ‘that train left the station’.” Let’s try to find a solution. Give you the guardrails you need to implement the law or policy you desire.

In November, the AG’s office defended legislation that it had put forward earlier in the month. Honolulu Prosecuting attorney Steve Alm stated law enforcement is firmly opposed to legalizing marijuana generally and Lopez’s plan specifically.

David Day, an assistant special in the Attorney General’s Office, stated at the time, that Alm’s concerns were exaggerated and that the legalization measures that have been proposed deliberately take into consideration law enforcement perspectives.

He said that the Department of Law Enforcement (the state’s top law enforcement agency) worked with the Department of the Attorney General to develop this bill. “What we have tried to do is to present a law that tries as many of these risks as possible,” he said.

The Senate Commerce and Consumer Protection Committee chair, Jarrett Keohokalole, (D), called it “the best version so far.”

The introduction of the reform by the state official was a positive step for advocates. While they supported some key elements, like the option to grow marijuana at home, they also identified other areas in which they would like to see changes that are geared towards equity. This will allow people who have been criminalized for cannabis to receive meaningful relief and to prevent further penalties.

Nikos Leverenz of the Drug Policy Forum of Hawai’i and Hawai’i Health and Harm Reduction Center told Marijuana Moment it was important for Green’s government to work with legislative leaders regarding legalization.

He said via email that “Hawaii’s Attorney General has provided a valuable but problematic framework for the House and Senate to deliberate this session.” “The Department of Health is also unlikely to support any measure that legalizes adult use, no matter what its content, so it’s important for Governor Green work proactively through the legislative process with legislative leadership.”

Leverenz continued, “Decades-long cannabis prohibition, with its overly punitive criminalization regime and coercive controls of those in under-resourced communities, has been a complete failure from the point of view of public safety and health.” It’s time for us to focus on consumer safety, sensible regulations and economic prosperity.

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The separate legalization legislation that passed the Senate in march is still on the table in the two-year session. The legislation also provides for expungements. However, it has been blocked in the House.

Former Democratic Governor Dave Ige, a staunch opponent of legalization, resisted it in part, claiming he did not want to do anything that would conflict with federal law.

Since Green’s election, activists feel more confident. He stated in 2022 he would sign a law to legalize marijuana for adults. He has already come up with ideas on how the tax revenue generated by marijuana sales can be used.

In April of last year, the Hawaii Legislature also passed a resolution urging the Governor to create a program of clemency for those with previous marijuana convictions.

In August, , a state task force on psychedelics that was created under the Governor’s Office had its first meeting. Experts are working to prepare the state for regulated access to new therapies such as psilocybin or MDMA.