Hawaii Lawmakers Approve Recreational Marijuana Legalization Bill

Two Hawaii legislative committees on Tuesday approved a bill to legalize recreational marijuana, with lawmakers in both panels voting to advance the measure after adopting several amendments to the legislation. The measure, which was introduced in both the Hawaii Senate and House of Representatives late last month, was approved by the Senate Health and Human Services Committee and the Judiciary Committee after a joint session, according to a report from cannabis news outlet Marijuana Moment.

House Rep. David Tarnas and Sen. Jarrett Keohokalole, both Democrats, introduced the companion bills that are largely the product of a recreational marijuana legalization proposal offered by Attorney General Anne Lopez last year. If passed, the legislation (House Bill 2600 and Senate Bill 3335) would allow adults aged 21 and older to possess up to one ounce of marijuana and up to five grams of cannabis concentrates. The measure, which would go into effect on January 1, 2026, would also permit the home cultivation of up to six marijuana plants and allow for the possession of up to 10 ounces of harvested homegrown cannabis.

The legislation would also create a new Hawaii Cannabis Authority, which would be tasked with regulating the marijuana industry and licensing cannabis businesses including growers, processors and retailers. The new agency would be overseen by a Cannabis Control Board consisting of five appointed members led by an executive director.

The bill is seen by some cannabis policy reform advocates as controversial, with organizations including the National Organization for the Reform of Marijuana Laws (NORML) and the Marijuana Policy Project raising objections to some provisions of the legislation, including new criminal penalties for minors.

“Generally speaking, the bill provides a sound floorplan for adult-use legalization but erects a structure that is still far too punitive in its approach,” Nikos Leverenz, of the Drug Policy Forum of Hawai’i and the Hawai’i Health and Harm Reduction Center, told Marijuana Moment earlier this month. “Placing a velvet glove of legalization on law enforcement’s iron hand is not what is called for.”

Supporters And Detractors Sound Off On Weed Legalization Bill

Before Tuesday’s vote, the joint hearing heard testimony from both supporters and opponents of the legislation to legalize recreational marijuana in Hawaii. Despite being largely responsible for drafting the bill, the state attorney’s generals told lawmakers that the agency “does not support the legalization of adult-use cannabis.”

If lawmakers nevertheless decide to pursue legalizing cannabis, the bill “should be balanced and moderate, with a focus on protecting public health and public safety to the greatest extent possible,” representatives of the attorney general’s office told the committee members. The attorney general’s office also acknowledged that the bill represents a “good faith effort toward protecting the public welfare and is an improvement on previous bills that have been heard by the legislature.”

The state Department of Health (DOH) also opposed the bill, saying the agency is “highly concerned about the public health and environmental impacts that increased accessibility of cannabis and opening of an adult use marketplace will bring.”

Law enforcement agencies including the City and County of Honolulu Police Department, the County of Maui Police Department, the County of Hawaii Police Department, and the County of Kauai Police Department, among others, also registered their objections to the legislation at Tuesday’s hearing.

Representatives of the Office of the Public Defender spoke in favor of the legislation, calling the proposed reforms “far overdue” and citing the failure of decades of cannabis prohibition.

“While this bill does not entirely remove the stigma associated with criminalization, perfection is the enemy of good and this is a step in the right direction,” the public defender’s office said. “It is time to bring the cannabis industry out of the shadows, regulate it, and implement a thoughtful and compassionate approach to cannabis use.”

Committees Approve Amendments To Marijuana Legalization Bill

Before voting, the committee members approved several amendments to the legislation. An amendment proposed by the Department of Taxation would revise the tax provisions of the bill by making recreational marijuana subject to a 14% special excise tax and exempt from the usual state sales tax. Purchases of medical cannabis would be assessed a tax of 4%.

Another amendment approved by the panels would clarify that provisions in the bill to expunge past marijuana-related convictions would not apply to cases of cannabis distribution. A separate amendment added a purposely incorrect date to the measure, a legislative tactic often used in Hawaii to indicate a bill is still subject to negotiation and revision.

The Senate Judiciary Committee voted 3-1 to approve the legislation with amendments at Tuesday’s joint session. The Senate Health and Human Services Committee also voted to advance the measure by a vote of 5-0.

Before the legislation to legalize adult-use cannabis in Hawaii can become law, it must be approved by the full Senate and the House of Representatives before heading to the desk of Democratic Gov. Josh Green, who has expressed support for legalizing recreational marijuana.

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