Two Senate committees have advanced a bill in Hawaii that would legalize the use of marijuana. They adopted a number amendments before sending the bill to the chamber where it is expected to be voted on next week.
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.
There is still work to do on the more than 300-page bill that was introduced in both chambers of Congress in January . The plan, which was unveiled by Attorney General Anne Lopez in January , is based in large part on a legalization program.
The Senate Ways and Means, Commerce and Consumer Protection and Commerce Committees adopted a change on Friday that omitted all of the funding numbers in the bill “to reflect ongoing discussions going on right now at the legislature,” according to Sen. Jarrett Keohokalole, the bill sponsor and chairperson of the Commerce panel.
SB 3335 faces a deadline for a crossover vote of Thursday, 7th March, meaning that a Senate Floor Vote is likely to take place in the next few days.
The hearing on Friday also saw changes made to the provisions relating to hemp, criminal justice, and licensing.
People who have had felony cannabis convictions in the past, for example, could apply for licenses or employment within the legal marijuana sector. After 10 years, they would be eligible to apply for licenses and employment in the legal marijuana industry.
A second change, approved by the committees, clarified that possession of marijuana paraphernalia and its distribution would be legal. Keohokalole said that “the activity is already legal. They’re just conforming the amendments to changes made by the legislature.”
Name of regulatory agency overseeing legal marijuana market was also slightly modified. The new name proposed, Hawaii Hemp and Cannabis Authority would reflect that the body also handles hemp and marijuana matters.
At the joint hearing, Sen. Tim Richards said: “I think we are really close.” “I will be supporting the bill with reservations. I still think there’s a bit more we can do. But I think that we’re very close.”
Sen. Sharon Y. Moriwaki, a Democrat from California, expressed “concerns” about medical marijuana. She said the state has more work to do. She said that while the state is working to discourage alcohol consumption, “I view this as sort of counter to that,” warning that “there are a lot of issues in the community.”
Kurt Fevella, a Republican senator, said that he could not support the bill because “we have no parameters on how it’s going to be.”
He said: “You all know that I am in favor of hemp, but I can’t support these bills with the cannabis-pleasuring aspect.”
In their testimony, the law enforcement agencies in the state strongly opposed the bill.
In a submitted testimony, the state Department of Law Enforcement stated that it had “serious concern” about this bill. The report cited a controversial study from the Rocky Mountain High Intensity Drug Trafficking Area in Colorado that claimed that fatal car accidents that could be attributed to marijuana “nearly halved” between 2013 and 2020.
The Department of Transportation argues that if cannabis was legalized for adult use in Hawaii, the number of road deaths and fatal car accidents in Hawaii would increase, particularly among young drivers.
The Department of Law Enforcement said that if the measure moves forward, it will need more money “to offset the substantial illegal activity our community is likely to see.” It wants at least $2,000,000 in funding for the agency’s Enforcement Unit and 17 new Enforcement Staff.
The Department of Education of the state also expressed “strong concern” about the proposal, and “the possible impacts that it could have.” Noting that THC can impair brain development of young people, and pointing out a study indicating an increase in youth usage after adult use legalization.
The Superintendent Keith T. Hayashi wrote, “If Hawaii legalizes adult cannabis use for recreational purposes, it must also invest in education and prevention initiatives.”
Legalization advocates have called for lawmakers to pass a legalization proposal, but only after they make changes to what they call an incomplete plan.
Karen O’Keefe is the director of state policy for Marijuana Policy Project. She said the bill, in its current format “takes a punitive and overly harsh approach” and does not include an adequate commitment to equity.
O’Keefe warned the panels that the bill may result in more people getting caught up in the criminal justice system because of cannabis, not less.
MPP also refuted some of the claims made by opponents. She said that many “prohibitionists’ claims” are not based on reality. Teenage use in legalized states has actually decreased, according to MPP, and psychosis hasn’t increased in these jurisdictions.
ACLU of Hawaii supports the legalization of adult-use marijuana, but complains that the draft “falls short of the robust reparative justice and social equity reforms that are required to address harms and collateral effects of cannabis arrests and conviction records lasting a lifetime.”
ACLU noted that Native Hawaiians were disproportionately affected by these harms. Native Hawaiians don’t use drugs at a significantly different rate than other races and ethnicities. However, Native Hawaiians are sent to prison more frequently for drug offenses.
The Hawai’i Alliance for Cannabis Reform is a coalition of several advocacy groups that also submitted written testimonies. This group, which includes MPP, ACLU of Hawaii and the Drug Policy Forum of Hawai’i as members, also submitted written testimony.
We are in favor of protecting health and safety, as part legalization. The AG-drafted bill has a singular focus that results in an approach overly focused on recriminalization and law enforcement, which will continue to cause life-changing harm to responsible cannabis users for behavior that poses no danger to anyone,” wrote the alliance. We urge a cannabis legalization approach that is focused on reparative justice and building a fair and inclusive industry, rather than focusing on law enforcement.
After the votes on Friday, Nikos Leverenz of Drug Policy Forum of Hawaii told Marijuana Moment that “Hawaii must prepare itself to participate in the future national and international cannabis market.”
He said that those who are against legalizing adult use of marijuana were not only on the wrong side in history. “They are on a wrong side of an even more humane and prosperous future.”
Lopez, the Attorney General, stated in her written testimony before the Senate committees that “while I do not support the legalization cannabis, I am very proud of what we have presented today.”
She wrote that the bill was moderate and reasonable. It sought to balance many interests while taking into account known and unknown risks.
The key 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 as much marijuana as they want.
- Hawaii Cannabis Authority will be created to regulate and license adult-use marijuana businesses.
- 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 regarding special events, social consumption, and other cases of special use.
- 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 divided equally 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 able to work or be licensed in the legal cannabis sector.
- 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).
- 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.
At a joint hearing held last month, two other Senate committees had previously amended and approved the Cannabis Legalization Bill.
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.
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, who opposed legalization partly because he claimed he did not want to pass anything that would conflict with federal law. Since Green became president, activists feel more confident. Green stated in 2022 he would sign a law to legalize marijuana for adults, and had already thought of ways tax revenues could be used.
In April of last year, the Hawaii Legislature also passed a resolution urging the Governor to create a program 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.
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The post Hawaii Senate panels approve marijuana legalization bill, sending it to floor vote expected next week appeared initially on Marijuana Moment.
