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HAWAII SENATORS APPROVE MARIJUANA LEGALIZATION BILL, AS STATE AGENCIES UNDERMINE
PRO-REFORM GOVERNOR WITH OPPOSITION TESTIMONY


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POLITICS


HAWAII SENATORS APPROVE MARIJUANA LEGALIZATION BILL, AS STATE AGENCIES UNDERMINE
PRO-REFORM GOVERNOR WITH OPPOSITION TESTIMONY

Published

22 hours ago

on

February 13, 2024

By

Kyle Jaeger

Two Hawaii Senate committees have approved a bill to legalize marijuana in a
joint hearing, with lawmakers voting to advance it with a series of amendments
on Tuesday after taking public testimony—including from several state agencies
that strongly oppose or have concerns with the legislation in contrast with the
pro-reform Democratic governor in whose administration they serve.

The Senate Health and Human Services Committee and the Judiciary Committee both
voted to pass the bill, which was formally introduced in both chambers last
month and is largely based on a legalization plan unveiled by state Attorney
General Anne Lopez (D).

The bill has proved fairly contentious, with advocates who support legalization
criticizing provisions they view as excessively punitive and state agencies
broadly arguing that ending prohibition would undermine public safety. That
said, both sides have floated amendments to address their concerns, some of
which were considered and adopted during Tuesday’s hearing.

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Despite having largely informed the legislation—and defended it against early
critiques from law enforcement—the attorney general’s office reiterated in
testimony that the department “does not support the legalization of adult-use
cannabis.”

However, if the legislature does move to enact legalization this session, the
office said the bill “should be balanced and moderate, with a focus on
protecting public health and public safety to the greatest extent possible.”



It also noted that the Department of Taxation proposed an amendment to
restructure the cannabis tax policy provisions, making adult-use marijuana
subject to a special excise tax of 14 percent and exempting it from the state
general sales tax. Medical marijuana would be taxed at four percent.

Members of the committees adopted that tax amendment at Tuesday’s hearing. They
also approved a proposal to clarify that the bill’s expungements provisions
would not apply to convictions for “distribution.” Further, the panels added a
defective date to the measure, a common legislative tactic in Hawaii that
procedurally signals the bill is a continuing conversation and needs more work
before it can be enacted.



A representative of the attorney general’s office did tell the committee that
they feel the bill represents a “good faith effort toward protecting the public
welfare and is an improvement on previous bills that have been heard by the
legislature.”





The Office of the Public Defender testified in support of the legalization
proposal, calling the reform “far overdue” and condemning criminalization as a
failed approach.

“While this bill does not entirely remove the stigma associated with
criminalization, perfection is the enemy of good and this is a step in the right
direction,” it said. “It is time to bring the cannabis industry out of the
shadows, regulate it, and implement a thoughtful and compassionate approach to
cannabis use.”



The state Department of Law Enforcement (DLE) said they have “strong concerns”
on the legalization bill, contending that it would lead to increased traffic
fatalities and a larger illicit market.

If the state enacts legalization, “Hawaii can expect large seizures of illegal
black-market cannabis to compete with limited law enforcement resources which it
must also dedicate towards confronting illicit drugs (e.g., fentanyl and
methamphetamine), ghost guns, and fireworks,” it said. “All these types of
contraband are high enforcement priorities for the DLE and DLE’s resources will
be taxed severely if large amounts of illegal cannabis flood the black market.”

The department also claimed that Colorado saw no “significant increases in tax
revenues” after legalization. In reality, Colorado estimated late last year that
it’s generated about $2.5 billion in marijuana tax revenue since retailers first
opened in 2014.



DLE said that if the legislature does pass the legalization measure, it wants at
least $2.5 million from the state “to provide the DLE with tools to even attempt
to enforce the law.”

Superintendent of Education Keith Hayashi also voiced “strong concerns with the
potential impacts this bill could have.” But he also said the measure could be
improved with provisions to “invest in prevention and education initiatives.”

“In order to mitigate negative impacts on our youth, the Department would need
additional funding for prevention programs teaching the harm associated with
cannabis use; expanded school counseling and mental health support; and
comprehensive training to help educators identify signs of use and its impact on
academic performance,” the superintendent said.



The Hawaii Department of Agriculture (HDOA) said that the bill “clearly
differentiates industrial hemp from cannabis” and that it would provide
“substantial protection for hemp farmers and will support the hemp industry into
the future, should the Legislature choose to legalize cannabis.”

The prosecuting attorney of Hawaii opposed the bill, arguing in part that “the
black market will increase” with legalization, and “there will be a greater
chance of accidental use of fentanyl-laced marijuana.”

The Department of Health (DOH) said it remains “highly concerned about the
public health and environmental impacts that increased accessibility of cannabis
and opening of an adult use marketplace will bring.”



Testimony in opposition to the legislation also came from the City and County of
Honolulu Police Department, County of Maui Police Department, County of Hawaii
Police Department, County of Kauai Police Department and other law enforcement
officials.

Here’s are the key provisions of the bill, SB 3335, as amended and approved in
committee:

 * The proposal would allow adults 21 and older to possess up to an ounce of
   cannabis and up to five grams of concentrates as of January 1, 2026.
 * Home cultivation would be legal, with adults allowed to grow up to six plants
   and keep as much as 10 ounces of resulting marijuana.
 * The measures would create the Hawaii Cannabis Authority to license and
   regulate adult-use cannabis businesses.
 * That body would be overseen by a five-member appointed Cannabis Control
   Board, led by an executive director who would need to have experience in
   public health or cannabis regulation.
 * Cultivators, processors, medical dispensaries, adult-use retailers, craft
   dispensaries and independent testing laboratories would be licensed under the
   plan, with regulators able to adopt rules around special events, social
   consumption and other special use cases.
 * Adult-use cannabis products would be taxed at 14 percent, while medical
   cannabis would be subject to a four percent tax. Industrial hemp would
   continue to fall under the state’s general sales tax.
 * Tax revenue from marijuana sales would be equally divided between a law
   enforcement-focused fund and another that would promote “cannabis social
   equity, public health and education, and public safety.”
 * People with convictions for activities made legal under the bill would be
   able to petition to have their records expunged.
 * The bill would provide state-level tax relief for licensed marijuana
   businesses, allowing them to take deductions that they’re barred from doing
   at the federal level under Internal Revenue Service code 280E.
 * The bill also would create new criminal penalties for people under 21 found
   in possession of marijuana, who could face up to 30 days in jail and a fine
   of up to $1,000 for possession of up to three grams.



Advocates have criticized the bill for what they say is an overly strict
approach to the reform, pointing to new criminal laws that would affect minors
as well as restrictions that could risk perpetuating the harms of the drug war,
such as the measure’s explicit assertion that the smell of marijuana can be used
to justify searches.

But opposition from state agencies and law enforcement was also on full display
during Tuesday’s hearing—with messaging about the potential consequences of
legalization that significantly departs from how Gov. Josh Green (D) has
discussed the reform.



The governor said last week that legalization is a “big social issue that
remains” to be addressed in the state, and he’d likely sign a bill to end
cannabis prohibition if one is sent to him by lawmakers.

“I don’t think the sky would fall, honestly, if marijuana were legalized,” Green
told Hawaii News Now, adding: “I also have some thoughts that marijuana might
blunt the effect, if you will, of people on these heavy drugs, these horrible
drugs.”

Legalization advocates struggled under former Gov. Dave Ige (D), who resisted
the reform in part because he said he was reluctant to pass something that
conflicts with federal law. But since Green took office, activists have felt
more emboldened. He’s said since 2022 that he’d sign a legalization bill.

Ige did allow a bill to become law without his signature in 2020 that
decriminalized possession of just three grams of cannabis, making the offense
punishable by a $130 fine without the threat of jail time. On Monday, a House
committee approved separate legislation to increase the possession limit to one
ounce and reduce the fine to $25.



—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—

Democrats in control of Hawaii’s Senate said last month that cannabis
legalization is one of their top priorities this legislative session, framing
the reform as a means to boost the state’s economy.

Last year the Senate passed a separate legalization bill that has stalled the
House. But legislators have signaled that 2024 may be the year that legalization
becomes law.



In addition to the AG-drafted bill, a separate marijuana legalization measure
that advanced through the Senate in March is also still technically in play in
the state’s two-year legislative session.

Meanwhile in the Hawaii legislature, two House committees advanced a separate
bill this month that would create explicit legal protections around the
therapeutic use of psilocybin. Eligible patients would be able to possess and
consume the psychedelic under a trained facilitator’s care.

> South Carolina Senate Approves Medical Marijuana Bill On Initial Vote



Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.

Related Topics:featured

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Kyle Jaeger


Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.



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