Hawaii passed sweeping new legislation last week to legalize marijuana for adult use, as well the hemp and medical marijuana industries.
These 311-page proposals, which are sponsored by House Judiciary and Hawaiian Affairs Committee Chair David Tarnas and Senate Health and Human Services Committee Chairman Joy San Buenaventura respectively, would allow adult citizens 21 and older up to one ounce of marijuana and 5 grams of cannabis concentration as of 1 January 2026. Adults can also grow small amounts of marijuana for their personal use.
Hawaii Cannabis and Hemp Office would be the new entity that will regulate adult-use and medicinal marijuana as well as hemp. The retail sales of marijuana to adults will begin in the next few months, and taxes on products that are not medical would be 14 percent.
Last year, lawmakers failed to pass a bill legalizing marijuana. Senate approved the measure in March last year, but as has happened with previous efforts to end prohibition, it failed at the House of Representatives.
Hawaii will have a great opportunity to succeed in 2025. David Culver told MEDCAN24 that he is senior vice president for public affairs of the U.S. Cannabis Council in a recent interview. Hawaii is likely to be removed from the list. We came so close in our last round that I am hopeful.
Karen O’Keefe of the Marijuana Policy Project, an advocacy group that promotes marijuana policy reforms (MPP), believes there are good reasons to think this year’s efforts have a higher chance of success. The continued support by Gov. She noted the support of Josh Green (D), the new Speaker of the House in the State, Rep. Nadine Nakamura.
The hope is to have it pass all the House Committees. The governor had endorsed it. It was passed by the Senate. “The only thing left is to pass the House.”
This is what HB1246 / SB1613 would do.
- The Hawaii Cannabis and Hemp Office will regulate the adult-use marijuana, medical cannabis and hemp business. This office will be located within the Department of Commerce and Consumer Affairs and is charged with prioritizing health and safety of public.
- Regulations for state-wide cannabis would be promulgated by regulators. They’d license business, register patients and maintain a tracking system from the seed to the sale.
- Final rules must be approved by December 30, 2030.
- The 11-member advisory board will study federal laws, patient access and equity issues, among others, before making recommendations to regulators and legislators. Representatives from hemp and marijuana, agriculture, health and safety in public places, Native Hawaiian cultures, mental health treatment, and drug abuse would make up the members.
- Adults 21 years and older can possess an ounce or cannabis and up to five grams of concentrate as of January 1, 2026.
- Adults will be able to grow six plants at home for their own personal use, and can store up 10 ounces in the residence. For households with several adults, the limit would be 10 plants or two pounds of marijuana.
- Medical marijuana will continue to be taxed 4 percent.
- Thirty percent of the state’s revenue will be used to fund a program of social equity grants after the administrative costs. Ten percent would go to a public health, education and safety grants program. Each of the five percent would be allocated to hemp grants, counties, and to the Attorney General’s Office for money laundering, organized crime, and nuisance abatement.
- The sale of synthetic or “artificially-derived” cannabis products will be prohibited.
- It was forbidden to make edibles look like candy or products for children. They could also not be shaped into people, cartoons or fruit, or even animals.
- The packaging cannot include any graphics, images or colors. The packaging for the medical marijuana would have to be white.
- Labels must include the universal symbol for cannabis.
- The cultivation of plants could be banned in certain areas, including federal housing, hostels, campus housing and hotels. It could also be forbidden by homeowners’ associations and landlords.
- The landlord can prohibit people from smoking marijuana or vaping it, but they cannot ban them from owning cannabis-based products that are not inhaled.
- If you smoke marijuana in public, it is a civil offense punishable by up to $130 fine or 10 community service hours
- Driving while under the influences of marijuana will remain illegal. Passengers who smoke or vape will be punished with a new petty offense, which can carry fines up to 2000 dollars.
- Open containers that are not kept out of sight of the driver or in a trunk will be fined up to $130 and/or subject to up to 10 community service hours.
- A misdemeanor would result from selling cannabis to minors.
- The Class C offense would be to divert marijuana from an authorized business into the unregulated marketplace.
- The Class C offense for unlicensed cannabis extraction using butane is a Class B felony.
- As well as adults who have more than 5 grams of concentrated cannabis, minors can also be charged.
- General, state and local government workers cannot be terminated for using marijuana for medical purposes or as an adult away from their workplace or for testing positive for its metabolites. Such protection would not be available to those employees subjected to federal laws, although there may still be exceptions in collective bargaining agreements.
- The regulators would issue licenses to cultivators, processors and retailers. They also could grant independent testing labs their own licences. Craft dispensaries can only sell cannabis.
- First licenses would be granted by July 1, 2020. Dual-use permits allowing businesses that sell medical marijuana to also serve customers who use it for adult purposes would be given by January 1, 2030.
- The licenses will be granted based on random lotteries, provided that the applicants have met certain standards and requirements. Small businesses, Indigenous Farmers and People from Areas disproportionately Affected by Drug Warfare would be encouraged to participate.
- The maximum number of licenses a person can hold is nine, with a maximum of three licenses per class.
- Cannabis businesses cannot be run by people who have an interest only in the independent lab.
- A small cooperative or craft shop could only be of interest to people who are interested in that type of business.
- License applicants must have lived in Hawaii for at minimum five years. They cannot be convicted of felony offenses except for those related to cannabis, or for offenses that were pardoned, expunged or completed over ten years ago.
- Regulators can create regulations to enable special events permits, social consumption or certain other activities.
- Retail facilities that sell both medical marijuana and recreational marijuana could be converted into dispensaries. The conversion would cost $50,000 for retail locations and $25,000 per production facility.
- Registered patients and caregivers can possess up to four-ounces of cannabis. The state allows registered patients and caregivers to possess up to four ounces of marijuana.
- Medical marijuana cooperatives of five or more patients can be licensed by state authorities.
- To name a few, regulations will cover security and health standards, as well as advertising and labels, energy and environment standards, employee safety and training, among other things.
- The minimum age for all employees in cannabis-related businesses is 21. Anyone under 21 years old would not be allowed to enter retail shops.
- The businesses would have to be located at least 750 feet away from public housing, schools and parks.
- The maximum indoor space for canopy cultivation is 3,500 sq. ft. and the maximum outdoor space allowed to grow plants outside is 5,000 sq. ft.
- With all products, handouts should be provided. They would need to include a variety of information, including instructions, warnings about safe use, potential adverse effects and the status of federal law—including how the conflict with federal prohibition impacts gun rights, employment and other rights and benefits.
- The state Department of Agriculture would regulate the use of pesticides on cannabis-based products.
- Hemp companies can sell cannabis flowers that have been cured, provided they meet the standards set by the U.S. Department of Agriculture and any state regulations regarding testing, packaging and labels.
- Hemp aerosols will be prohibited.
- The cultivation of hemp would be banned within 300 feet from schools, playgrounds or childcare centers. It could not also be located within 100 feet from a home that is not the owner of the license.
- In the case of hemp, regulatory agencies could ban specific cannabinoids. Hemp tinctures would only contain 30 milligrams THC and be available to those 21 years and older.
- Social equity grant programs would help applicants that have lived in an area disproportionately affected for five years in the last ten, or companies with at least half their employees living in such a region.
- According to regulators, “disproportionately impact area” is defined as areas with persistent poverty, communities under-served by medical services, and communities historically marginalized.
- For the first five years, equity applicants will receive a 50% discount on their application fees and licenses.
- In addition to financial aid, equity grants may include training and technical support.
- Community-based organisations would receive funding to help support programs for children and youth.
- The regulators will hire contractors for the development of a campaign to educate and promote public health. This initiative is expected to begin later in this year.
- The public health program and grants would give funds to organizations in the community for various health and educational programs.
- A public safety grant would be awarded to the agencies of state and counties for initiatives such as law enforcement and crisis intervention.
- Hemp grant programs would help smaller growers with training in the industry, technical assistance, and market research.
- The state of California allows marijuana businesses to deduct expenses for their taxes even though the federal government prohibits similar deductions.
Tarnas, who chairs the House Committee on Judiciary and Hawaiian Affairs (HJCHA), will hold an informational session on the proposal on Wednesday afternoon.
O’Keefe, an advocate at MPP, had mixed feelings regarding last year’s proposed legislation. Many saw it as too restrictive. That bill, based on a draft from the state attorney general’s office, “had a lot of language that we considered too authoritarian, too restrictive,” she explained, noting that in some cases—such as a non-impaired driver who nevertheless had measurable THC in their system—the proposal would have actually You can also increase your chances by increasing the number of people who you are able to contact. criminal penalties. The MPP did not initially support last year’s plans, but instead submitted comments and amendments.
Hawaii Alliance for Cannabis Reform encourages supporters of legalization to ask their legislators to back the new law.
“HB 1246 and SB 1613 not only legalize possession and home cultivation of cannabis, they also prohibit discrimination that can tear apart families and destroy—or even end—lives,” the group said in an email to supporters. The bills also include provisions that preserve medical cannabis and allow for greater access. They also prioritize the legacy and small farmer growers.
This past fall, regulators solicited proposals to assess the state’s current medical marijuana program—and also sought to estimate demand for recreational sales if the state eventually moves forward with adult-use legalization. The move was interpreted by some as an indication that the regulators were preparing for a possible reform.
A poll shows that 96% of marijuana consumers believe the DEA is biased against the rescheduling proposal it’s supposed to defend.
Side Pocket Images. Photo by Chris Wallis.