Hawaii lawmakers vote to delay consideration of marijuana legalization bill until next year – MEDCAN24

Hawaii’s House of Representatives voted on Tuesday to postpone a proposal which would have allowed marijuana use. This effectively stopped the bill from moving forward until the next legislative session. The Senate is working on a companion bill, but it seems likely that this measure won’t make it through the House in 2018.

In a vote by voice on the second read of the bill, Thursday, the House voted HB1246 sponsored by Rep. David Tarnas. In the 313-page proposal, adult-use cannabis would be legalized and hemp and cannabis regulations brought under one agency, Hawaii Cannabis and Hemp Office.

The Senate version of the bill, SB 1613 could still make it onto the Governor’s desk. But, this legislation would need to be passed out of the Senate and convince the House to support the proposal. The deadline for the committee is next Friday.

Several lawmakers criticised the move by Rep. Chris Todd to recommit a bill.

“It’s very important to note that it has been rare custom and practice on this floor to recommit a bill on second reading…in my 18 years here so far,” said Rep. Della Au Belatti (D), who entered a no vote on the motion.

Rep. Amy Perruso said she looked forward to an in-depth discussion on the bill.

The conversation, debate and discussion we had in this project was very valuable to her. For me, that was really important and it’s disheartening to see the discussion cut so short at this early stage of the process.

Kanani SOUSA, Republican Rep. of California raised his hand and asked what motivated the motion for recommitment.

She asked, “I want to know why you are renewing the bill.” “I only want an answer to my request.”

Nadine Nakamura, the Speaker of House and Rep. Nadine Nakamura’s (D), response was: “There won’t be retort.”

Rep. Kim Coco Iwamoto(D), another member that spoke against the recommittal, tried to raise concerns repeatedly about delaying legalization until next year. He warned “it could potentially open mayhem”, if federal authorities reschedule cannabis or remove it from the schedule in the meantime.

Sean Quinlan (D), House Majority Leader and Rep. for the D, said each time Iwamoto made a comment, that it was not relevant to her motion.

Quinlan, the Quinlan’s spokesperson said that the members were unable to agree on the proposed proposal prior to voting.

“Just like last session—similar to last session—we were unable to build consensus,” he said. I think that it’s time to concentrate on areas in which we can reach a consensus. We should focus on bills we will be able to send to the Senate and on what we want to achieve for Hawaii.

The Senate approved a separate legalization measure last March, but, as with past efforts to end prohibition in the state, it stalled out in the House of Representatives.

The Hawaii Cannabis and Hemp Office would have been established if the law had passed. It would have supervised adult-use marijuana, medical marijuana, and hemp businesses. Adults over 21 would have been allowed to own up to five grams or cannabis concentrate and an ounce marijuana. They could also grow a limited amount of marijuana for their personal use.

The delay in the bill has disappointed supporters of reform.

Karen O’Keefe of the Marijuana Policy Project’s director of state policy told MEDCAN24 via email that this was an “extreme disappointment” because 58 percent supported legalization.

She pledged that she would continue to push for reform.

O’Keefe added, “We’re committed to ensuring that cannabis for adults is made legal in Hawai’i.” “Several other states—including Connecticut, Delaware, New Jersey, and Maryland—required years of advocacy and included setbacks before legalization passed the finish line. Each of these states now allows adults to decide for themselves what they want to do with cannabis. Although progress has been slow, it will eventually arrive.”

Just days before, two committees had approved the bill at a Tuesday joint hearing. Before the hearing, nearly 300 pages were submitted by state agencies and advocacy groups, as well as members of the general public.

Groups that formally opposed the measures in public testimony included law enforcement—such as the Honolulu Police Department and the prosecuting attorneys’ offices in Honolulu and Maui—as well as anti-drug groups, including the Hawaii Substance Abuse Coalition and the Hawai’i Family Forum.

Other groups, including the Hawaiian Islands Republican Women’s Association, support medical marijuana use but oppose its non-medical use.

Lawmakers on the Committee on Judiciary and Hawaiian Affairs attended an informational briefing on the bill last week. The event lasted about two hours and was dominated by presentations made by legalization activists, industry representatives and regulatory experts. The group gave legislators an overview of the state-level legalization process in the U.S., and explained how Hawaii’s proposal was based on other states.

Here’s what the legislation, HB 1246 / SB 1613, proposed:

• Hawaii Cannabis and Hemp Office to regulate hemp, marijuana for medical use, and adult-use cannabis. It would reside within the Department of Commerce and Consumer Affairs and be charged with prioritizing safety and public health.
• Regulations for state-wide cannabis would be promulgated by regulators. They’d license businesses, register their patients, create a tracking system from the seed to the sale and release studies and report on the different elements of the program.
• 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.
• The tax on adult-use marijuana would rise to 14 percent while that of medical marijuana would stay at 4 percent.
• Thirty percent of the state’s revenue, after the administrative costs for the program are paid out, would be allocated to social equity grants. As well as a grant for public safety, ten percent of the state revenue would be allocated to public education and health grants. Each of the five percent would be allocated to hemp grants, counties, and 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.
• The edibles cannot resemble any candy, other product aimed towards children or look like cartoons, people, fruits, or 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, or hotels. It could also be forbidden by homeowners’ associations and landlords.
• In general, landlords cannot prohibit the possession of non-inhaled cannabis.
• The civil penalty for smoking marijuana in the public is up to $130, or 10 hours community service
• 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.
• It is a crime to sell cannabis or marijuana 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 cannabis, minors can also be charged for a misdemeanor.
• General, state and local government workers cannot be terminated for using marijuana for medical purposes or as an adult away from their workplace or if they test positive for its metabolites. These protections would not apply to employees who are subject to federal regulations, but exceptions may be made in cases of collective bargaining agreements.
• Regulators will license growers, processors, retail, small-scale craft dispensaries, and independent testing labs. Craft dispensaries can only sell cannabis.
• A first batch of licenses will be awarded by July 1st 2026. However, dual-use licences that allow medical marijuana companies to sell adult-use products would also be available by January 1st 2026.
• Licences would be issued based upon a random lottery, provided the applicant meets certain minimum qualifications and standards. Participants from small businesses, Indigenous farmer and those living in areas that are disproportionately affected by drug trafficking will be encouraged.
• 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 a testing lab.
• Individuals with an interest or a craft shop, small co-op or cooperative could not be interested in another type of business license.
• License applicants must have lived in Hawaii for a minimum of five years. They cannot be convicted for any other felony offenses than cannabis related offenses.
• Regulators can create rules that allow for social consumption, special events and other activities.
• The conversion of medical marijuana dispensaries to retail stores that serve both recreational and medicinal purposes is possible. The conversion would cost $50,000 for retail locations and $25,000 per production facility.
• Patients and caregivers registered with the state could have up to 4 ounces. Patients and caregivers registered with the state could possess a maximum amount of four ounces.
• Medical marijuana cooperatives of five or more patients can be licensed by state authorities.
• Regulations will include regulations on security, health and Safety, Advertising and Labeling, Energy and Environmental Standards, Employee Training and other issues.
• Employees of marijuana businesses must be 21 or older. Retail stores are not open to anyone under the age of 21.
• Business would be required to have a minimum distance of 750 feet away from parks, public housing and schools.
• Growers would only be allowed to use 3,500 square foot of canopy indoors and 5,000 cubic feet for outdoor growing.
• All products sold would have to come with handouts. 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.
• State Department of Agriculture will regulate pesticide use for cannabis 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.
• The use of aerosol sprays of hemp would be banned.
• In addition, hemp cultivation is prohibited in areas within 300 feet (or 100 feet) of playgrounds, schools or childcare centres.
• In the case of hemp, regulatory agencies could ban specific cannabinoid-containing products. The hemp tinctures sold could not contain more than 30 mg of THC in each package, and only adults over 21 could purchase them.
• 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 an area.
• The term “disproportionately affected area” refers to communities that are medically underserved, or historically disadvantaged, as defined by the regulator.
• 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.
• The funding would be distributed to local community organizations that support youth and childcare programs.
• Later this year, regulators would begin hiring contractors to create a health-education campaign for the public.
• The public health program and grants would give funds to organizations in the community for various health and educational programs.
• The separate grant program for public safety would provide funds to agencies in the state and counties, including those involved with law enforcement, crises intervention and enforcement of nuisance laws.
• Hemp grant programs would help smaller growers with training in the industry, technical assistance and marketing research.
• The state of California allows marijuana businesses to deduct expenses for their cannabis business from the taxes they pay, despite federal law prohibiting similar deductions.

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. Others interpreted the move to be a signal that regulators needed to get ready for the reform.

Hawaii passed a medical cannabis law in its state legislature. This was done by the Hawaii State Legislature.

Separately in Hawaii, the House Committee on Labor unanimously voted to advance legislation that would protect state-registered medical marijuana patients from discrimination in the workplace.

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HB325 prohibits employers, subject to certain limitations, from using a card-holder’s medical marijuana status against him or her when making employment related decisions. This bill also prohibits discrimination on the basis of a positive test for cannabis and metabolites in a patient who is registered, as long as the employee does not appear to be impaired.

Both public and private workers would be protected, but not those who are involved in law enforcement, corrections, or emergency medical services, or who use heavy equipment or vehicles, or who have firearms at work, or who care for children, the elderly, or administer drugs.

A medical marijuana patient could be discriminated against by employers if, “failing to do so” would result in the loss of a financial or licensing benefit according to a federal or contract law.

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