The House has blocked a Hawaii Senate bill to legalize marijuana. However, advocates have shifted their focus to 2024 and hope to pass the reform in the second year of the two-year legislative session.
Sen. Joy San Buenaventura, D. , passed the Senate earlier in the month. There were high hopes that the legislation would make it to the House. A hearing was not scheduled prior to the deadline for bills that were referred to more than three committees. This means it will have to wait until next year in order to move forward.
Since the session isn’t over, the bill will not have to return to the Senate’s starting line next year. This could allow on-the-fence House legislators more time to review and refine the legislation as Speaker Scott Saiki (D), previously stated he would like to do so over the summer.
The Senate amended the measure in many important ways that advocates support including the addition expungements language. Rep. Jeanne Kapela (D), , who sponsored a separate bill regarding legalization that was not approved, stated that the amended proposal represented an “incredible compromise.”
Still, the inaction in the House comes as a disappointment for advocates who’ve push for expedited passage of the reform in the Democratic-controlled legislature, and with a governor who backs legalization.
Marijuana Moment spoke to Nikos Leverenz, of the Drug Policy Forum on Hawaii. He said that “it’s disappointing, but not surprising” that House leadership failed to move adult-use cannabis legalization forward in this year. Task forces and working groups have recommended important medical cannabis reforms, such as employment protections for patients. However, they were not implemented.
Leverenz, who was part of a state taskforce that looked into cannabis issues last year, said “Hopefully the House members who oppose rational reforms come forward and reveal why Hawaii residents are less than others.”
DeVaughn Ward (senior legislative counsel at Marijuana Policy Project) told Marijuana Moment, “disheartened that the House refused to hold a hearing” on a legalization legislation that was passed by a solid majority of the Senate.”
He said that MPP and other advocates would be counting on House leadership to keep their word on the bill and continue working on it in the off-session. “We are hopeful that 2024 will see Hawaii legalize marijuana.”
Kevin Sabet of the prohibitionist organization Smart Approaches to Marijuana, on the other hand, celebrated the fact that “legalization will fail in Democratic-controlled Hawaii again this year.”
BREAKING–Marijuana legalization will fail in Democratic-controlled Hawaii again this year! Congratulations to our coalition – Press release and opinion piece to follow.
— Kevin Sabet (@KevinSabet March 22, 2023
These are the main components of HTML669 as amended:
Adults aged 21 or older could purchase up to 30g of cannabis. They could also grow up to six plants for their own personal use, with only three mature. Adults can also give marijuana to one another.
The Department of Health would establish an independent Hawaii Cannabis Regulatory Authority to oversee the regulation of the industry and the existing medical marijuana program.
Initial launch would be through a pilot program in which existing dispensaries of medical cannabis would be eligible to apply for a dual license that would allow them to serve patients as well as adult customers.
The tax on marijuana products would be 10%, with the revenue going to state treasury. Businesses would be allowed to deduct expenses from the state income tax.
A substitute amendment was approved and a ban on vaping was lifted from the bill.
Much relief was received by activists who had criticised the absence of language that would allow for the expungement of certain marijuana convictions.
At the request of the state attorney General’s office, civil penalties were also added for illegal cannabis business activity. A request to include a track and trace requirement for marijuana products was also approved by lawmakers.
The bill as amended sets a limit on the number and size of marijuana businesses each entity can own to reduce the chance of creating a monopolized market. New limits have been placed on the size of cultivation facilities that are licensed.
Adults cannot consume marijuana in any state where tobacco use is banned. Condominiums might also be able to restrict cannabis smoking, just like they can with tobacco.
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Over several sessions, legislators have tried to legalize the Aloha State. However, the reform was passed in the Senate in 2021. However, after it failed to pass a House committee by the key deadline, it was stalled.
Former Democratic governor Dave Ige was a difficult advocate. He said that he wasn’t willing to allow legalization because it would conflict with federal law. This is despite Hawaii’s medical marijuana system allowing people to grow and sale cannabis, in violation of broad federal prohibition.
Now that Gov. Actors are now feeling empowered by the swearing-in of Josh Green (D). In November, he said he would sign a bill to legalize marijuana for adults. He already has ideas on how tax revenue from cannabis sales could be used.
The Senate and House of Hawaii also approved a number of psychedelics legislations this month. They mainly focused on research to promote the state’s ability to regulate access.
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Photo by Philip Steffan.
