Hawaii’s Senate passed legislation that legalized and regulated adult-use marijuana within the state. The proposal will now be sent to the House of Representatives.
SB 3335 would allow adults over 21 to possess an ounce or cannabis concentrates up to 5 grams. It would also establish a framework of licensed and regulated sales.
The Senate approved the legalization bill with a 19-6 vote on Tuesday. was amended in committee last Wednesday.
On a vote of 24-1, the Senate passed a separate bill decriminalizing cannabis, Senate Bill 2487. Only Sen. Kurt Fevella, a Republican, was against it. In that measure, possession over 15 grams of cannabis would be considered a third-degree offense, and possession over 30 grams a second-degree offense.
Last year, the Senate approved a separate bill for legalization that was later blocked by the House. Advocates are hopeful the proposal this year will go further. Gov. Josh Green (D), who said that last month, legalization was a “big issue” that still needed to be addressed by the state. He indicated that he would sign a bill ending cannabis prohibition if legislators sent him one.
The current bill , which is more than 300 pages long, was introduced in both chambers of the legislature in January. It is largely based upon a legalization program announced by Attorney General Anne Lopez.
Advocates claim that the AG’s bill incorrectly frames marijuana in terms of law enforcement, but they also say recent changes made by committees are an improvement.
Nikos Leverenz of the Drug Policy Forum of Hawai’i and Hawai’i Health and Harm Reduction Center said, “Although it is imperfect and still contains too many criminalization elements, it’s a welcome news that we have a viable legalization adult-use bill that can be further improved when it reaches House.”
The amendments to the committee’s report made last month would, for instance, legalize marijuana paraphernalia, and include non-discrimination clauses around issues like state benefits and custody.
The new version modifies a previous ban that prohibited people with felony convictions from working in the regulated industries. It now specifies that the ban will not apply after 10 years from the completion of the person’s sentence.
How the state will spend the money surrounding legalization is still an open question. Last month’s changes included removing all appropriations figures from the legislation. This will force legislators to renegotiate these numbers.
Leverenz stated that he and his group, along with other members of Hawaii Alliance for Cannabis Reform, are hopeful that House Members will consider the advocates’ amendments as the bill progresses.
He added that “it will be important for reformers to engage with skeptical members of Congress, including many freshmen lawmakers, who have given far too much weight to the monotonous and less-than-factual rhetoric of the criminal legal lobby.”
The latest version of this bill, among other changes would bring the regulation and control of hemp products – especially extracts and cannabinoid-based products – under the Hawaii Hemp and Cannabis Authority.
The main provisions of SB 3335 are:
- As of January 1, 2026, the proposal would allow adults aged 21 or older to possess an ounce of marijuana and up to 5 grams of concentrates.
- Adults would be allowed to cultivate up to six plants at home and to keep up to 10 ounces (or more) of the marijuana that results.
- Hawaii Hemp and Cannabis Authority will be created to regulate and license adult-use cannabis businesses and hemp industries in the state.
- This body would be overseen and supervised by a Cannabis Control Board of five members appointed by the government, headed by an executive director with experience in public policy or cannabis regulation.
- Under the plan, cultivators, processors and medical dispensaries would all be required to obtain a license. In addition, independent testing labs, adult-use retailers and craft dispensaries as well as independent testing laboratories could also apply for a licence. Regulators can adopt rules based on special events, social consumption, and other cases.
- Medical cannabis will be taxed 4 percent while adult-use cannabis is taxed 14 percent. Industrial hemp will continue to be taxed under the general sales tax of the state.
- The tax revenue generated by marijuana sales will be split between two funds: one that focuses on law enforcement and the other which promotes “cannabis social equality, public health, education and safety.”
- People who have been convicted for crimes that are now legalized under the new bill can petition to expunge their records.
- After 10 years, people with previous cannabis felony convictions would be eligible for a license or to work in the legal cannabis sector.
- The simple use of cannabis is not grounds for revocation of parental custody, preventing parole and probation, or withholding benefits or entitlements from the state.
- The bill would make it illegal to drive under the influence of marijuana. It sets a limit of 10 nanograms THC per milliliter blood.
- The bill would allow licensed marijuana businesses to receive state-level tax relief, allowing them the ability to deduct expenses that are prohibited at the federal level by Internal Revenue Service code (280E).
- People with felony convictions in their criminal record could not join the industry until ten years after they have completed their sentences.
- Possession, manufacturing and selling of cannabis paraphernalia will be legal for adults.
- The bill would also create new criminal sanctions for those under 21 who are found to be in possession of marijuana. They could face up 30 days in prison and a fine up to $1000 for possession up to 3 grams.
- To encourage further discussion, the bill includes a date of effective December 31, 2050.
In January, Democrats who control Hawaii’s Senate stated that legalizing cannabis is one of the top priorities for this legislative session. They framed the reform as a way to boost the economy of the state.
Residents of the state seem to be in favor of this change. Hawai’i Perspectives , a survey conducted by Pacific Resource Partnership last month, found that 58 percent of respondents supported legalization.
The AG’s Office defended a previous version of the legislation it had put forward earlier in the month, after Honolulu prosecuting attorney Steve Alm stated that law enforcement is firmly opposed to legalizing marijuana. 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 measure put forward took law enforcement perspectives into consideration.
Under the former Democratic Governor. Dave Ige, a former Democratic Governor of Hawaii, resisted the legalization process in part because it was against federal law. Since Green became president, activists feel more confident. Green stated in 2022 that, if elected to office, he would sign a law legalizing cannabis for adults. He also had some ideas on how the tax revenue might 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 other drug policy issues, lawmakers introduced a bill last month that would give certain protections to patients who engage in psilocybin assisted therapy after a doctor’s approval. The bill would not legalize the drug itself, but instead would create a positive legal defense in cases where psilocybin is used under the supervision of a facilitator and approved by a doctor.
Some state agencies have supported the proposal, including the Disability and Communications Access Board and Governor’s Office of Wellness and Resilience. Other reform advocates include the Drug Policy Forum of Hawaii and the Hawaii Health and Harm Reduction Center, as well as the Clarity Project.
Some medical groups are opposed, such as the Hawaii Medical Association, and the Hawaii Academy of Family Physicians. They claim that there is still insufficient information on the safety and effectiveness of psilocybin.
Federal Agency says there is ‘little research’ supporting Marijuana Driving Impaired Tests Based on THC Concentration
The article Hawaii Senate passes marijuana legalization bill first appeared on Marijuana Moment.
