In Hawaii, a Senate committee has approved the proposal that would allow a person to possess five times as much marijuana without being charged with a crime.
SB 319 would raise the decriminalized amount of marijuana in Hawaii, from 3 grams to 15 grams. The possession of up to 15 grams of marijuana would still be a civil offense punishable with a $130 fine.
It would also raise the limit of the marijuana possession that qualifies as “promoting harmful drugs in the second-degree” to 30 grams, from its current level of one ounce.
Lawmakers on the Senate Committee on Judiciary voted to pass the measure, with only one member—Sen. Mike Gabbard (D)—voting no. Gabbard, in the past a proponent of legalizing cannabis in California, used testimony by the prohibitionist organization Smart Approaches to Marijuana to justify his vote.
Other state departments, including the Attorney General’s Office, the Office of the Public Defender, and the Department of Law Enforcement also submitted written testimonies ahead of the Tuesday action.
The AG’s Office of the state opposed this bill and asked lawmakers to delay it. It cited the lack of laboratory testing and regulation in comparison to a comprehensive legalization plan.
It said that if the ultimate goal was to legalize cannabis, a comprehensive regulatory scheme that protects the public, supports law enforcement and provides revenue to the state to cover the cost of negative effects from increased marijuana usage would be the preferred way to achieve that goal.
The office of the public defender supported this bill. However, they requested an amendement that decriminalized marijuana paraphernalia.
Law enforcement groups oppose the bill. According to the Department of Law Enforcement of the State, lowering the punishments for the possession of almost half of a marijuana bud could “inspire a greater temptation” to supply illegally other people.
Hawaii continues to make it a crime to distribute cannabis.
The Community Alliance on Prisons (CAP), Marijuana Policy Project(MPP), ACLU of Hawai’i and the Hawai’i Alliance for Cannabis Reform were among the organizations that supported this measure.
Carrie Ann Shirota of the ACLU of Hawaii’s Policy Director wrote in a letter that this measure will “further decrease the number of unlawful arrests for marijuana possession within our already overburdened criminal justice system.” It also “reduces targeted enforcement of cannabis law against specific communities,” including Native Hawaiians and men younger than 25 years old, who have disproportionately been arrested due to the laws of the state against marijuana possession.
Hawaii’s House of Representatives, meanwhile, voted this week to postpone a comprehensive proposal, which could have legalized pot, effectively stopping the bill’s progress.
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Though companion legislation is still alive on the Senate side—and set to be heard by lawmakers later this week—it’s expected that the measure will also fail to advance through the House this year.
In a vote by voice on the second reading, last Thursday, The House voted to recommit HB 1246 sponsored by Rep. David Tarnas. This 313 page proposal was intended to legalize adult-use marijuana and bring hemp and cannabis regulation together under the Hawaii Cannabis and Hemp Office.
Some legislators criticized Rep. Chris Todd’s (D) motion to recommit this bill. They said it was unusual to reject proposals at second reading.
“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, (D), said that she was looking forward to having a deeper discussion about the bill.
She said, “I appreciate all the discussions and debates that have taken place in this process.” 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 deferring the payment.” I just need a reply to my question.
Nadine Nakamura of the House, Rep. Nadine Nakamura D (Rep.) responded: “There is no response.”
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 Hawaii group provided an overview to lawmakers of U.S. state-level marijuana legalization and discussed how Hawaii built upon lessons from other states.
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.
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 became the first U.S. State to pass a medical marijuana law through its legislative branch in 2000.
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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