Hawaii’s Attorney General has released a comprehensive plan to legalize marijuana for adult use. Lawmakers have already expressed interest in moving forward with the proposal, while advocates are calling for revisions that would strengthen equity provisions and remove any language that might perpetuate criminalization.
The 294-page bill was unveiled by Attorney General Anne Lopez, who had announced in April that her office supported cannabis legalization and promised to work with lawmakers to implement the reform. The proposal would establish a regulatory framework that allows adults aged 21 and over to possess, grow and buy marijuana from licensed retailers.
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.
David Tarnas, the chairman of the House Judiciary Committee (D) , told Hawaii News Now the attorney general had “done a great job bringing together the various inputs and providing a comprehensive law.”
Sen. Jarrett Keohokalole, (D), Chair of the Senate Commerce and Consumer Protection Committee said that the proposal of the attorney is “the most recent version.” He praised the measure’s efforts to “address a number of issues” that arose along the way with previous legalization legislation.
The introduction of the reform by the high-ranking official is encouraging to advocates. While they are in favor of some key elements, like the option to grow marijuana at home, they have also identified other areas that they would like to see changes made, focusing on equity, which will provide relief for those who were criminalized because they grew cannabis, and stop further penalties related to marijuana.
Expunctions, for instance, would not be included in the legislation. It would instead require experts to produce a report by the end of 2026 on “the advisability” for such relief in low-level crimes. The bill calls for an increase in cannabis tax revenue for law enforcement while still maintaining strict penalties such as driving a vehicle with a container of marijuana open or improperly storing plants and products.
Karen O’Keefe is the director of state policy at Marijuana Policy Project. She told Marijuana Moment that “the attorney general’s draft legislation falls short in terms of fostering equity and reparative Justice.” It should be revised. We were happy to see that home cultivation was included. The draft increases criminalization and does not include newer legalization state provisions that have been adopted to stop ruining the lives of cannabis consumers.”
She said that the draft bill did not provide for expungement, resentencing or protections against losing children, jobs, benefits or professional licenses. It imposes a per se DUI standard which traps sober drivers and can result in up to one year of jail time under an open container law. The draft pours millions into cannabis law enforcement, an amount that is equal to the allocation for social equity.
These are the main provisions of the Attorney General’s draft marijuana legalization legislation:
- Adults over 21 can purchase and possess up one ounce cannabis and five grams non-flower marijuana.
- Adults can grow up to six cannabis plants at home in a secure location and store up 10 ounces. No household can have more than 10 cannabis plants, no matter how many people live there.
- The legalization of possession and cultivation would not take effect until January 1, 2026.
- The governor would appoint five members of the Cannabis Control Board, who would then be confirmed by the Senate.
- The board will be responsible for regulating and licensing marijuana businesses for cultivators, processors and adult-use retailers. It also includes craft cannabis dispensaries as well as independent labs.
- Regulators can also adopt rules for special events and social consumption lounges, as well as trucking transportation.
- Applicants for licenses would have to reside in Hawaii for at least five consecutive years. People with felony convictions (except those involving marijuana) will be prohibited from obtaining a license.
- To encourage diversity in ownership, licensees were not allowed to have more than three licenses of the same type. They could also only hold nine licenses in total.
- The board will be able to add new criteria to licenses to promote public safety and health, sustainable agriculture, and the participation of people from historically underrepresented communities in the market.
- The regulators would also have to adopt rules limiting the potency of cannabis products and be able to prohibit certain products from being sold. The board will also have to create rules that restrict or ban the use of synthetic products containing cannabinoids.
- The first to receive adult-use retailer licensing would be existing medical cannabis dispensaries. Starting October 1, 2025, rules will allow them to convert their current licenses.
- The counties could restrict the location of marijuana businesses but not ban them outright.
- To investigate illegal cannabis activities, a cannabis enforcement division will be created within the Department of Law Enforcement.
- The state would impose a standard sales tax of four percent plus a 10 percent excise duty on marijuana products.
- The bill proposes that tax revenues be allocated to four funds: cannabis regulation special fund (40%) cannabis social equity fund (20%), public health education fund (20%) and marijuana law enforcement special fund (20%).
- The state would not penalize financial institutions for simply working with cannabis businesses licensed by the state.
- Businesses owned by someone who has lived in an area disproportionately affected for at least five years out of the past ten would qualify as social equity applicants. Areas that would be disproportionately affected are those historically disadvantaged areas, areas with “persistent poverty”, and areas where medical care is underserved.
- Regulators will waive 50% of the application fees for social equity applicants who qualify. They must also create a fund to offer training and technical support to these applicants. The grants would also help community-based groups that are working to address the needs of disadvantaged areas.
- The bill does not allow for automatic expungements of prior cannabis convictions or resentencing. The bill would instead require that the board create a report on “the advisability or sealing of low level cannabis crimes” by the end of 2026 or the beginning 2027 and on the mechanisms for processing such relief.
- The regulators would also have to conduct research and compile annual reports on marijuana business licensing and production data, social and economic trends and impacts on illicit markets, among other things.
Nikos Leverenz, of the Drug Policy Forum of Hawai’i and Hawai’i Health and Harm Reduction Center, told Marijuana Moment that, while it’s good that the AG addressed policy concerns, Hawaii needs a cannabis industry that puts social equity at the forefront of market structure, revenue, expungement and community reinvestment.
Legislators must make changes to encourage participation by smaller cannabis growers and manufacturers in every island. He said that instead of padding budgets for law enforcement, the revenues should be used to help communities who have been hurt by drug laws. “Cannabis prohibition is a major factor in maintaining a probation system with the longest average sentence in the country.”
Josh Green (D) should “follow the lead” of Minnesota Gov. Josh Green (D), should “follow in the footsteps” of Minnesota Governor. Tim Walz and New Jersey Governor. Phil Murphy (D), by becoming “a vocal reformer in ongoing discussions.”
Leverenz stated that “active executive leadership is essential on this front.” “A thriving cannabis industry that encourages a broad participation of smaller farmers and entrepreneurs could prove to be a boon for everyone except those who are wedded to the harsh austerity imposed by prohibition.”
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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.
Over several sessions, legislators have been working to legalize marijuana in the Aloha State. In 2021 the reform passed in the Senate, but failed to pass a House Committee by a crucial deadline.
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 announced last year that 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.
Hawaii’s legislature passed a resolution in April that called on the Governor to establish a program of clemency for those with previous marijuana convictions.
In August, , a Hawaii psychedelics Task Force that was created under the Governor’s Office, held its first official meeting. Experts are working to prepare Hawaii to allow regulated access for novel therapies such as psilocybin or MDMA.
Below, you can read the text that the Hawaii Attorney general’s draft marijuana legislation bill contains:
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Photo by Brian Shamblen.
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