Adam JacksonThe Hawaii State Senate passed a measure Tuesday that would legalize and regulate cannabis for adults over the age of 21 and establish a regulatory scheme for licensed sales.
SB 3335, which was drafted by the state Attorney General’s office, now moves to the Hawaii House of Representatives for further consideration.
The bill could allow adults to legally have up to an ounce of cannabis flower and up to five grams of concentrates. Adult-use products would be taxed at 14%, medical cannabis at 4%, and industrial hemp would be subject to the state’s general sales tax. Cannabis businesses would also get some state-level tax breaks not available under federal law.
Prior to Senate approval, the bill underwent modifications by four legislative committees, resulting in the addition of amendments aimed at public safety and equity.
The modifications were designed to prevent discrimination by ensuring that cannabis use does not lead to the unwarranted removal of children from homes, the revocation of parole or probation, or the denial of state benefits.
Additionally, the bill also includes provisions for the expungement of specific cannabis-related criminal records and the resentencing of individuals previously convicted under older laws.
“Although this is an imperfect bill that still contains far too many elements of criminalization, it’s welcome news to have a viable adult-use legalization bill that can be improved upon when it reaches the House,” said Nikos Leverenz, grants & advancement manager of the Drug Policy Forum of Hawai’i and the Hawai’i Health and Harm Reduction Center.
“(HHHRC is) hopeful that our proposed amendments will be considered by the House Judiciary and Hawaiian Affairs Committee. It will also be important for reform advocates to engage skeptical members of the House, including many freshman lawmakers, who have placed far too much currency in the monotonous, less than fact-based rhetoric from the criminal legal lobby.”
While the Hawai’i Alliance for Cannabis Reform (HACR) recognized the Senate’s approval as progress, the group said it will continue to advocate for additional changes.
HACR has proposed several amendments to the current AG-drafted cannabis legalization bills over the course of the debate, citing concerns over the balance between law enforcement priorities and social justice objectives.
Among the key issues raised by HACR are the proposed THC blood concentration limits for driving under the influence, which it claims could penalize individuals unfairly due to variations in how THC is metabolized. The group also opposes stringent penalties for having open cannabis containers in vehicles and calls for a systematic process for expunging past cannabis-related convictions.
Additionally, it criticized the allocation of funds in the bills, suggesting instead for a reduction in the budget for law enforcement and an increase in spending on community reinvestment and social equity initiatives. The organization also advocates for a licensing process that favors social equity applicants.
A recent poll conducted by non-profit advocacy firm Pacific Resource Partnership found that 58% of residents favor legalizing marijuana, allowing for its possession, manufacture, and sale under state regulation and taxation.
Democratic governor, Josh Green, has also previously signaled support for legalization in the state as a public safety tool, saying he’d likely give a bill his signature should one find its way to his desk.
“Hawai’i is behind the times on cannabis policy reform, but 2024 could be the year that finally changes. Right now, Hawai’i lawmakers have the opportunity to not only pass legalization and regulation, but also to work to improve the bill to ensure it is rooted in justice and equity, not an excessively punitive approach,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project.
“Cannabis legalization is an essential criminal justice reform, and Hawai’i lawmakers should treat it as such by focusing far more on education, reinvesting in communities, reparative justice, and building an equitable and inclusive industry.”
