Hawaii Marijuana Legalization Bill One Step Away From Senate Approval

Two legislative committees last week approved a bill to legalize recreational marijuana in Hawaii, leaving the measure one step away from approval in the state Senate. The legislation, Senate Bill 3335, was approved by the Senate Ways and Means Committee and the Senate Commerce and Consumer Protection Committee on Friday. The next step before final approval of the bill in the Hawaii Senate is a floor vote by the full body, which could come as soon as this week, according to a report from online cannabis news source Marijuana Moment.

If passed, the legislation would legalize the use of cannabis by adults 21 and older, who would be permitted to possess up to one ounce of marijuana and up to five grams of cannabis concentrates. The bill also allows for the home cultivation of up to six cannabis plants by adults and creates a new state agency that would be tasked with regulating the commercial production and sale of marijuana and hemp.

Senate Bill 3335 and a companion measure in the House of Representatives were introduced in the Hawaii legislature by Democratic lawmakers in January. The bills are based on a recreational marijuana legalization proposal offered by Attorney General Anne Lopez last year.

Committees Approve Amendments To Bill

Before voting to approve the measure on Friday, the two Senate committees held a joint hearing to consider several amendments to the legislation. One amendment approved by the panels made a slight change to the name of the new regulatory agency, which would be called the Hawaii Hemp and Cannabis Authority to indicate its oversight of both marijuana and hemp.

Another amendment adopted by the committees eliminates the bill’s funding levels “to reflect the ongoing discussion going on at the legislature right now,” according to Democratic Sen. Jarrett Keohokalole, the sponsor of the measure in the Senate and the chair of the Commerce Committee.

The committees also approved an amendment that allows those with past felony marijuana convictions to apply for licenses and employment in the regulated cannabis industry, provided at least 10 years have passed since the end of their incarceration, probation or supervised release. Another change clarifies that the possession and sale of marijuana paraphernalia is also legal under Hawaii state law.

Democratic Sen. Herbert “Tim” Richards, a Commerce and Consumer Protection Committee member, voted to support the bill with reservations.

“I think we’re really close,” Richards said at the joint hearing. “I’m going to be supporting with reservations, just because I think we still got a little bit we need to do, but I think we’re close.”

Republican Sen. Kurt Fevella said he does not support the bill “because we have no parameters, really, on how this is gonna be.”

“You guys all know I support hemp,” he added, “but with this cannabis pleasuring thing, I cannot support the bills.”

Democratic Sen. Sharon Moriwaki, a member of the Ways and Means committee, voiced concerns that the state’s medical marijuana program lacks proper procedures, according to a report from Big Island Now.

“Having this move to a pleasure cannabis gives me concern,” Moriwaki said.

Panels Hear From Groups On Both Sides Of Weed Legalization

The committees heard from groups that support cannabis legislation, although they called for changes to the bill. The ACLU of Hawaii issued a statement noting its support for legalizing recreational marijuana but said that “this draft falls short of the robust social equity and reparative justice reforms required to address the harms and collateral consequences of cannabis arrest and conviction records that last a lifetime.”

“Notably, these harms have disparately impacted Native Hawaiians,” the civil liberties advocacy group added. “Native Hawaiians do not use drugs at drastically different rates from people of other races or ethnicities, but Native Hawaiians go to prison for drug offenses more often than people of other races or ethnicities.”

Karen O’Keefe, director of state policies for the cannabis legalization advocacy group Marijuana Policy Project (MPP), said that the current draft of the bill “takes an overly punitive approach and fails to include a sufficient commitment to equity.”

“Alarmingly,” O’Keefe testified, “the bill could result in more people being ensnared in the criminal justice system for cannabis instead of less.”

The committees also heard from state agencies opposed to legalizing recreational cannabis in Hawaii. The state Department of Law Enforcement said in written testimony that it has “serious concerns” about the legislation, citing a controversial report from Colorado claiming that fatal traffic collisions that could be linked to marijuana “nearly doubled between 2013 to 2020.”

“If cannabis were to be legalized in an adult use system for Hawaii, then it is highly probable that the rate of fatal car crashes and roadway deaths in Hawaii would very likely increase, especially amongst young drivers in Hawaii,” the department wrote.

The state Department of Education expressed “strong concerns” with the legalization bill and “the potential impacts it could have,” noting that research has shown that cannabis use might impair brain development in young people. The department also cited a study that found legalizing marijuana led to an increase in youth cannabis use.

“Therefore, if Hawaii legalizes adult recreational cannabis use, it must also invest in prevention and education initiatives,” Superintendent Keith T. Hayashi said in written testimony.

The legislation gained the approval of two different Senate committees last month. The next step for the bill is a floor vote on the legislation by the full Senate. The legislation is subject to a March 7 deadline to cross over to the House of Representatives, suggesting the Senate floor vote is likely to occur this week.