Hawaii Senate Panel Approves Bill To Increase Amount Of Marijuana That’s Decriminalized Under State Law

A Senate panel in Hawaii has approved a proposal to quintuple the amount of marijuana that a person can possess without risk of criminal charges.

The bill, SB 319, would increase the amount of cannabis that’s been decriminalized in Hawaii from the current 3 grams up to 15 grams. Possession of any amount of marijuana up to the 15-gram limit would remain a civil violation, punishable by a fine of $130.

The measure would also slightly adjust the amount of possessed marijuana that would qualify as “promoting a detrimental drug in the second degree,” raising it from the current one ounce (28.35 grams) to 30 grams.

Lawmakers on the Senate Committee on Judiciary voted to pass the measure, with only one member—Sen. Mike Gabbard (D)—voting no. Gabbard, who’s in the past been a supporter of legalizing marijuana in the state, cited testimony from the prohibitionist group Smart Approaches to Marijuana (SAM) in justifying his vote.

Also submitting written testimony ahead of Tuesday’s action were the state Department of the Attorney General, Office of the Public Defender and Department of Law Enforcement, among others.

The state AG’s office opposed the bill, asking lawmakers to put it on hold. The office pointed to the proposal’s lack of regulation and laboratory testing compared to a more comprehensive legalization scheme.

“If the eventual goal is the legalization of cannabis,” its testimony said, “an approach that comprehensively addresses a regulatory scheme to protect the public, support law enforcement, and provide revenue to the State to cover the costs of the negative effects of increased marijuana use would be a preferable way to reach that goal.”

The public defender’s office supported the bill but requested an amendment that would also decriminalize marijuana paraphernalia.

Law enforcement groups opposed the bill, with the state Department of Law Enforcement saying that lowering punishments for possession of nearly a half once of marijuana could inspire “a greater temptation to illegally supply other people.”

Distributing cannabis remains a crime in Hawaii.

Among the groups who supported the measure included the Community Alliance on Prisons, Marijuana Policy Project (MPP), ACLU of Hawai’i, the Hawai’i Alliance for Cannabis Reform.

ACLU of Hawai’i’s policy director, Carrie Ann Shirota, wrote that the measure would “further reduce the number of unreasonable arrests for cannabis possession in our already bloated criminal justice system” and “reduce targeted enforcement of cannabis laws against specific communities,” such as men under 25 and Native Hawaiians, who are disproportionately arrested under the state’s laws against marijuana possession.

Separately in Hawaii, the state’s House of Representatives voted last week to delay a sweeping proposal that would have legalized marijuana, effectively halting the bill’s progress until next legislative session.

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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.

On a voice vote on second reading of the bill last Thursday, the House voted to recommit the measure, HB 1246, sponsored by Rep. David Tarnas (D). The 313-page proposal would have legalized adult-use marijuana and brought together hemp and cannabis regulation under a single agency, the Hawaii Cannabis and Hemp Office.

Some lawmakers criticized the motion from Rep. Chris Todd (D) to recommit the bill, saying it is unusual to scuttle proposals on 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 she had looked forward to a more thorough discussion of the bill.

“I really appreciate the conversations and the debate and the discussion that we have in this process,” she said. “For me that’s really important, and to have it cut short so early in the process is disheartening.”

Republican Rep. Kanani Sousa rose to ask what prompted the motion to recommit.

“I would like to know the reasons why we are recommitting the bill,” she said. “I just want a response to my request.”

Speaker of the House Rep. Nadine Nakamura (D) replied: “There will be no response.”

Lawmakers on the Committee on Judiciary and Hawaiian Affairs attended an informational briefing on the bill last week. Much of the roughly two-hour event consisted of presentations from legalization advocates, regulatory experts and industry and community representatives. They gave lawmakers an overview of state-level legalization in the U.S. and spoke to how the Hawaii proposal built on lessons learned in 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. Some read the move as a sign the regulatory agency saw a need to prepare to the potential reform.

Hawaii was the first U.S. state to legalize medical marijuana through its legislature, passing a law 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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