Hawaii could become the 22nd state in the US to legalize recreational cannabis for adults over 21 years old. A bill that would create a regulatory framework for the cannabis industry passed its first committee in the state senate on February 13, 2024.
Senate Bill 3335: What Does It Mean?
Senate Bill 3335, introduced by Senators Joy San Buenaventura, Karl Rhoads, and Stanley Chang, would establish the Hawaii Cannabis Authority and the Cannabis Control Board within the Department of Commerce and Consumer Affairs to regulate all aspects of the cannabis plant, including cultivation, processing, distribution, retail, and consumption.
The bill would also create the Cannabis Control Implementation Advisory Committee, which would provide recommendations and guidance to the authority and the board on various issues related to cannabis regulation.
The bill would allow adults over 21 years old to possess up to one ounce of cannabis and grow up to six plants for personal use, subject to certain restrictions and conditions. The bill would also impose a 10% excise tax on the sale of cannabis, in addition to the existing 4% general excise tax. The revenue from the cannabis taxes would be allocated to two special funds: one for law enforcement and public safety, and another for social equity and public health.
The bill would also provide for the expungement of certain cannabis-related convictions and the resentencing of certain cannabis-related offenders. The bill would also protect the rights of medical cannabis patients and caregivers, and allow them to participate in the recreational cannabis market.
The bill would take effect on January 1, 2026, if enacted into law.
Why Now? The Push for Legalization
The proponents of the bill argue that legalizing recreational cannabis would bring several benefits to Hawaii, such as generating revenue for the state, creating jobs, reducing the black market, enhancing public safety, and promoting social justice.
They also point out that cannabis use has been prevalent in Hawaii for decades, but it has been dominated by unregulated and illicit sales, which pose risks to consumers and the community. They say that by regulating and taxing cannabis, the state can establish legal parameters and safeguards for the cannabis industry and the public.
They also cite the changing landscape of cannabis policy in the US and the world, where more and more states and countries are legalizing or decriminalizing cannabis for medical or recreational purposes. They say that Hawaii should be prepared for the possibility of the federal government reclassifying cannabis from a Schedule I substance to a lower category, which would open the door for more research and innovation.
What Are the Challenges? The Opposition to Legalization
The opponents of the bill, however, raise several concerns and challenges that legalization would entail, such as the conflict with federal law, the increase in the illicit market, the impairment of drivers, and the impact on children and youth.
They also question the effectiveness and feasibility of the regulatory framework proposed by the bill, and the adequacy of the resources and capacity of the state agencies and law enforcement to implement and enforce it.
They also argue that legalization would send the wrong message to the public, especially the young generation, that cannabis use is harmless and acceptable, which could lead to more substance abuse and addiction problems.
They also warn that legalization would have unintended consequences and risks for the environment, the economy, the culture, and the health of Hawaii and its people.
What’s Next? The Legislative Process
The bill has cleared its first hurdle by passing the joint hearing of the Senate Health and Human Services and Judiciary Committees, with a 3-1 vote, on February 13, 2024. The only dissenting vote came from Senator Brandon Elefante, while Senators Henry Aquino and Maile Shimabukuro expressed reservations.
The bill now faces two more committees in the Senate: the Ways and Means Committee and the Commerce and Consumer Protection Committee. If it passes both committees, it will go to the full Senate for a vote. If it passes the Senate, it will move to the House of Representatives, where it will go through a similar process.
The bill has to pass both chambers of the legislature and be signed by the governor before it becomes law. The current legislative session ends on May 3, 2024.
