The marijuana legalization bill , which was first introduced as a draft last year by Hawaii’s attorney general, has been officially introduced in the Hawaii legislature. Companion bills have also been filed in both the House and Senate. However, advocates say that the new version of the bill needs to be rewritten to remove the focus on law enforcement, and to allow the clearing of previous cannabis convictions in order to provide relief for those who have been most affected by prohibition.
The bill was largely drafted by Attorney General Anne Lopez and her staff. It is led by Rep. David Tarnas in the House, and Sen. Jarrett Keohokalole in the Senate. During a confirmation meeting in April last year, she promised to lead an administrative taskforce to “develop a complete legislative package that can be attached to any bill if it’s planned to legalize marijuana”. This commitment led to the creation of HB 2600 & SB 3335.
Since years, there has been a growing momentum in Hawaii to legalize marijuana. Earlier this month, the majority Democratic leadership of the Senate listed the reform among its top legislative priorities for the current session. The Senate passed two marijuana legalization measures in 2021, which were then stalled by the House of Representatives.
Last week, the new 328-page bill was greeted with a lot of support. There were nine co-sponsors in addition to Keohokalole and 16 in addition to Tarnas. The measures are met with mixed reactions from the advocacy community.
In an email sent to Marijuana Moment this week, Nikos Leverenz of the Drug Policy Forum of Hawai’i and Hawai’i Health and Harm Reduction Center said that the bill “generally” provides a solid floorplan for legalizing adult-use marijuana, but it still erects a system which is far too punitive. “Placing the velvet glove of legalization over law enforcement’s steel hand is not what we need.”
The proposal, as introduced, would allow adults over 21 to possess up an ounce cannabis and five grams of concentrates by January 1, 2026. Adults would be allowed to cultivate up to six marijuana plants at home and to keep up to 10 ounces.
Hawaii Cannabis Authority would be created to license and oversee adult-use cannabis businesses. The body would be supervised by a five member appointed Cannabis Control Board led by an Executive Director who would have to have experience in cannabis regulation or public health.
Under the plan, cultivators, processors and medical dispensaries would all be required to obtain a license. In addition, independent testing labs, craft dispensaries, adult use retailers and independent testing laboratories could also apply for a licence. Regulators can adopt rules around social consumption, special events and other cases of special usage.
The tax on adult-use cannabis in Hawaii would be a moderate 10 percent, plus the general state excise of 4 percent.
The bill is being criticized by advocates for its overly strict approach. They point out that it would create new criminal laws which could affect minors and that there are restrictions which may risk perpetuating the harmful effects of the war on drugs, like the explicit statement in the bill that the smell or marijuana can be used as a reason to justify searches.
Karen O’Keefe is the director of state policy for Marijuana Policy Project. The organization recently released a summary on the new legislation. She said that the bills, as well as the introduced, “might do more harm than benefit to the cause of marijuana justice.”
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O’Keefe, speaking to Marijuana Moment said that legalization “should mean fewer cannabis arrested, not more”, arguing for a policy change which “should include clearing criminal records for marijuana and reinvesting in hard-hit communities.” These bills instead increase cannabis-specific enforcement and jail time for harmless behavior, such as driving after the effects of impairment have worn off or having an opened jar edibles in a passenger compartment of a vehicle.
A person who has an open package or loose flowers in the vehicle’s passenger compartment, for instance, may be sentenced to up to 30 jail days. The bill also includes provisions to defer prosecution and probation for minors. Convictions can be expunged once the sentences have been completed.
The bill, drafted by Lopez’s office, does not include any provisions that would allow people to expunge marijuana convictions from their records.
In the current plan, a cannabis enforcement group and a separate drug-nuisance abatement unit would be created within the Attorney General’s Office. This would create at least 25 positions in total between the two groups. The cannabis enforcement fund and the nuisance abatement funds would receive each 7.5 percent of the marijuana tax revenue.
O’Keefe stated that the legislation “needs a significant revision of the AG-drafted bill.”
The attorney general released a preview of the bill to the public earlier this month. It outlined its main themes. Lopez stated at the time that this bill “represents the best judgment of how to promote a market for legal marijuana, minimize the risks of harm to society, mitigate any damage that may occur, avoid liability and provide substantial resources and workable tools to law enforcement and public health officials to promote public welfare.”
Lopez’s office has declared itself neutral on the legislation, but a press statement stated that the department does not “support the legalization adult-use marijuana.”
Lopez stated that “given that the Legislature could theoretically pass legislation as early as this summer,” it was his department’s responsibility to warn them of the risks and provide a framework with robust public safety and public health safeguards.
A spokesperson for the Attorney General clarified to Marijuana Moment that: “The Department does not support the legalization of marijuana, but will remain impartial on the question of a bill’s passing, so long as it contains the key components identified in the report, and does not contain provisions antithetical these elements, since the bill may be amended by the legislative process.”
Many expect lawmakers to play a more active role during the legislative session in adapting the proposal.
Leverenz of Drug Policy Forum of Hawaii said that, as far as advocates could gather, it’s “predictable” for the Senate to take the lead in moving a bill through its chamber again, hopefully with substantive amendments. He said Hawaii should focus on such issues as restricting youth accessibility and accurately labeling consumer products, and not step up enforcement.
He said: “It is not logical to continue to have a law-enforcement infrastructure which has the incentive to increase criminalization. This will disproportionately affect Black, Native Hawaiian and Pasifika Communities.”
Leverenz stated that the lead sponsors of the bills have actively engaged with advocates as well as other legislators, leaving the possibility for future changes.
Sen. Keohokalole has been “particularly candid and receptive” to having a regulatory environment that promotes broader participation by smaller businesses and farmers, he said. “House Judiciary chair David Tarnas worked diligently to engage with advocates and his legislator colleagues, bringing forth many changes to AG’s initial draft.”
Leverenz said that the second draft of the AG’s law does not include many of these items. However, he did acknowledge that Tarnas had separately introduced legislation to decriminalize marijuana up to one ounce and exempt paraphernalia related cannabis from the state anti-paraphernalia laws.
He said that although support for legalization is increasing in Hawaii, there are “a number of Democrats” who have a more conservative outlook because of partisan considerations as well as the opposition from law enforcement and county prosecutors.
Leverenz cited Honolulu’s prosecutor Steve Alm as someone who “has been particularly assertive” in recent months in promoting unsound rhetoric around potency and youth dangers, tourism, and the use of drugs.
In November, after Alm stated that law enforcement was firmly opposed to legalizing marijuana generally and Lopez’s proposal specifically, the AG’s Office defended the previous draft of legislation. David Day, an assistant special in the Attorney General’s Office, stated at the time that Alm was exaggerating his concerns and the legalization measures were deliberately designed to 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. “We’ve presented a bill which tries to minimize as many of these risks as possible,” he said.
Tarnas, after Lopez first unveiled the bill, in November, said that the attorney general “really did a good job pulling all of the input together and providing a comprehensive measure.” Keohokalole called it “the best version so far.”
Gov. Josh Green (D) has, on the other hand, been in general favor of legalization. He stated in 2022 that, if legalized, he would do so and had already come up with ideas on how tax revenues could be used. Former Democratic Governor Dave Ige resisted the legalization of marijuana in part because it was against federal law.
Leverenz stated that “having a governor who is in favor of legalization” has “moved a needle quite a lot.”
Hawaii legislators have introduced bills to legalize marijuana in recent legislative sessions. The Senate passed a reform measure in March. This proposal is still technically on the table. This proposal allows for expungements of criminal records, but it has been stuck in the House.
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.
Another bill that was recently introduced in Hawaii’s Legislature creates a limited therapeutic program . This would allow patients to consume and possess psilocybin under the care of a facilitator. This measure was the result of forming a taskforce on breakthrough therapies last year in order to investigate the issue.
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Photo taken by Aphiwat Chuangchoem.
The article Hawaii AG’s Marijuana Legalization Bill Formally Arrives in State Legislature, but Advocates Urge Significant Revisions first appeared on Marijuana Moment.
