Hawaii’s Attorney General’s Office is fighting back against criticisms of its recently released marijuana legalization program. It defends the plan’s provisions for public safety and health, as law enforcement officials voice their opposition.
After announcing in April that her office would support efforts for legalization Attorney General Anne Lopez unveiled last week a comprehensive cannabis law, earning praise from legislators and mixed reactions by advocates who want it revised to address equity issues more aggressively and reduce criminalization.
The Honolulu prosecuting attorney Steve Alm, on the other hand, says that representatives of law-enforcement are strongly against legalizing cannabis in general, and the plan of the attorney general specifically. He argues that the current prohibition system is “not broke,” and that regulating adult use cannabis would increase hospitalizations, without reducing the illicit market.
Alm , who spoke to Hawaii News Now, said: “To me there is no reason for changing the system.” Teenagers are taken to the ER thinking that they’re going insane because marijuana is such a powerful drug. It’s an entirely different drug.”
David Day, an assistant special in the Attorney General’s Office, said the prosecutor’s fears were exaggerated, and that the legalization measures put forward take into consideration the perspectives of law enforcement.
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.
Alm, who organized in August a forum opposing the legalization of marijuana that included representatives from the prohibitionist group Smart Approaches to Marijuana(SAM), also dismissed the argument that the Attorney General’s Bill would empower police to target illegal growers. He called the concept “total BS” and said law enforcement would try to stop reform.
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, chairman of the House Judiciary Committee (D), said that the Attorney General did “a good job pulling all the different inputs together and providing a comprehensive law” with her latest proposal. The Senate Commerce and Consumer Protection Committee chair, Sen. Jarrett Keohokalole(D), called it “the best version yet.”
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 to those who were criminalized for cannabis use and stop further penalties related with marijuana.
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 ten 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 such as social consumption lounges, trucking transportation and permits.
- Applicants for licenses would have to reside in Hawaii for a minimum of five years. Applicants with felony convictions (except those involving marijuana) will be denied 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 empowered to include criteria for licensing that promotes public safety and health, agricultural sustainability 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 empowered 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, they will be able 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 charge 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 10 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 under-served.
- 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 reports about annual marijuana business licensing and production data, social and economic trends and impacts on illicit markets, and more.
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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 resisted the legalization of marijuana in part because, he claimed, he did not want to pass 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.
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Photo by Mike Latimer.
The article Hawaii Attorney General’s Office defends Marijuana legalization proposal from law enforcement attacks first appeared on Marijuana Moment.
