Hawaii’s Senate rejected a proposal that would have allowed a higher amount of marijuana to be possessed without a criminal charge. Separately, the broader bill to legalize and control cannabis seems to have stagnated for this year.
Senators voted 12–11 against the decriminalization measure, SB 319, from Sen. Joy San Buenaventura (D) on Friday. Before the vote on the floor, there were no discussions or debates.
If the bill had become law, the amount of marijuana decriminalized would have been increased from 3 to 15 grams. Possession up to the 15-gram limit of marijuana was deemed a civil infraction punishable by $130.
It would also increase the limit of marijuana possession that qualifies as “promoting an adverse drug in second degree” from one ounce to thirty grams.
The plan would not have allowed the sale or distribution of marijuana.
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 groups that supported this measure.
Carrie Ann Shirota of ACLU of Hawaiian Islands, the policy director of the organization, said that it would reduce “the number of unnecessary arrests made for cannabis possession” in the already bloated system of criminal justice and also the “targeted enforcement of marijuana laws towards specific communities”. These include Native Hawaiians or men aged under 25, who are arrested disproportionately under state laws prohibiting the possession of marijuana.
Law enforcement were generally against the idea. For example, state Department of Law Enforcement stated that it could lead to “a higher temptation” for people who are in possession of marijuana.
State Attorney General’s Office, on its own, requested that lawmakers put decriminalization legislation on hold.
In its submitted testimony it stated that “if the ultimate goal is to legalize cannabis,” an approach that addresses comprehensively a regulatory system to protect the general public, to support law enforcement and to provide revenue to State in order to cover the cost of negative effects from increased marijuana usage would be the preferred way to achieve that goal.
Separate Senate Bills that were intended to legalize marijuana for adults have also appeared to have been stalled. SB 1613 has not yet been passed out of the current committee, despite a legislative deadline at the end of this week.
After HB 1246 was passed earlier in this month, the House of Representatives scuttled the bill.
However, it is unclear whether legislators will use them.
In the last session of Congress, an anti-drug bill that was passed in the Senate failed also to gain traction in House.
If passed, this latest proposal for legalization would have created the Hawaii Cannabis and Hemp Office. This office would have overseen the adult-use cannabis and medical marijuana businesses. Adults aged 21 or older could possess an ounce and 5 grams of cannabis, as well as grow small amounts at home.
Just days before, two committees had approved the bill at a joint meeting. The panels had received almost 300 pages of testimonies from various state agencies, advocacy groups and the general public.
Here’s what the legalization legislation, HB 1246 / SB 1613, had 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 putting public safety and health first.
- The regulators would establish rules and regulations for the cannabis program in each state, issue licenses to businesses and patients, keep a track of all sales from seed to sale, and produce studies and reports about the various aspects of the system.
- Final rules must be approved by December 30, 2030.
- A 11-person advisory panel would examine issues such as federal law, access to patients, equity, and others, and make recommendations to legislators and regulators. 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.
- On January 1, 2026 adults aged 21 or older will be able to possess up an ounce marijuana and 5 grams cannabis concentrate.
- Adults can also store 10 ounces or up to six homegrown plants in their homes as of 1 January 2026. 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, after the administrative costs for the program are paid out, would be allocated to social equity grants. 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 the Attorney General’s Office for money laundering, organized crime, and nuisance abatement.
- Products derived from synthetic cannabinoids or those “artificially synthesized” would be banned.
- It was forbidden to make edibles look like candy, toys, cartoons, characters or fruits.
- The packaging cannot include any graphics, images or colors. White packaging is required for medical marijuana.
- Labels will need to have a cannabis symbol.
- Landlords and homeowner associations could prohibit cultivation in public housing and other places, such as shelters, hotels and on-campus accommodation.
- 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.
- If an open container is not stored in the vehicle trunk, or another place that’s out of reach for the driver of your car, you could be subjected to a $130 fine or 10 hours community service.
- 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.
- Butane extraction without a license would constitute a class C crime.
- As well as adults who have more than 5 grams of concentrated cannabis, minors can be charged for petty crimes.
- 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 protections do not apply to those employees subjected to federal laws, although there may be exceptions in collective bargaining agreements.
- Regulators will license growers, processors, retail, small-scale craft dispensaries, and independent testing laboratories. 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.
- A person cannot hold more than 9 licenses.
- Cannabis businesses cannot be run by people who have a stake in an independent lab.
- A small cooperative or craft shop could only be of interest to people who are interested in that type of business.
- The license applicant must be resident of Hawaii at least for five years. He or she cannot have any prior felony convictions except for those related to cannabis, or for pardoned and expunged crimes or for sentences that were completed over 10 years ago.
- Regulators can create regulations to permit social consumption or certain activities, such as special event permits.
- The conversion of medical marijuana dispensaries to retail stores that serve both recreational and medicinal purposes is possible. Costs for conversion are $50,000 per retail facility and $25,000.
- Patients and caregivers who are registered with the state can possess up to 4 ounces. The state allows registered patients and caregivers to possess up to four ounces of marijuana.
- The state regulators will license co-ops that have up to 5 patients.
- 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. Anyone under 21 years old would not be allowed to enter retail shops.
- Business would need to have a minimum distance of 750 feet between them and schools, public housing units or parks.
- Growers would only be allowed to use 3,500 square foot of canopy indoors and 5,000 cubic feet for outdoor growing.
- 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 businesses can sell cured cannabis flowers if they comply with the U.S. Department of Agriculture’s compliance standards, as well as state laws regarding packaging and labelling.
- Hemp aerosols will be banned.
- In addition, hemp cultivation is prohibited in areas within 300 feet (or 100 feet) of playgrounds, schools or childcare centres.
- Regulators could restrict the sale of specific products containing cannabinoids. Hemp tinctures would only contain 30 milligrams THC and be available to those 21 years and older.
- The social equity grant program will assist those who have resided within a heavily impacted region for the last five years, as well as businesses that employ more than 50% of their staff in this area.
- As determined by regulators, “disproportionately impact area” is an area of persistent poverty or medically unserved areas, including historically underserved and historically poor communities.
- 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 assistance.
- 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.
- Public health grant programs would provide funds for community-based organisations to implement a range of education and health initiatives.
- 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.
- The hemp grant program will assist small cultivators in obtaining industry training, market research and technical assistance.
- The state of California allows marijuana businesses to deduct expenses for their taxes even though the federal government prohibits similar deductions.
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.
Others, like the Hawaiian Islands Republican Women (HIRW), support marijuana for medical purposes but do not allow its use in non-medical situations.
Lawmakers on the Committee on Judiciary and Hawaiian Affairs attended an informational briefing on the bill last month. In the two-hour session, legalization supporters, regulatory experts and representatives from industry and communities made presentations. They provided an overview to lawmakers of legalization at the state level in the U.S.
In Hawaii, the House Committee on Labor voted unanimously last month to pass legislation protecting state-registered patients of medical marijuana from workplace discrimination. The Senate has yet to take up the bill, HB 325.
With some exceptions, this proposal would, should it become law, prevent employers from using the status of a cardholder’s medical marijuana against him or her when making decisions about hiring, firing, and other employment issues. This would prevent discrimination on the basis of a positive test for cannabis or its metabolites by a patient registered with the state, as long as the employee is not impaired at work.
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.
The employer could discriminate if the failure would result in them losing a financial or licensing benefit as per a federal or contract law.
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.
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