Wednesday, March 3rd saw two different committees hear and approve a new recreational marijuana bill in the Senate. The Judiciary Committee unanimously approved SB 767, the bill in question. The Ways and Means Committee only had two Senators in opposition. Both committee hearings took place the same day at the same time. But didn’t offer any debate or public comment. With these two committees’ approval, SB 767 now moves to a full Senate chamber vote. This bill continues on the national trend of marijuana legalization.

Senate Bill 767

Hawaii was one of the pioneering states when it came to medical marijuana legalization in 2000. Citizens with qualifying disorders could apply for a medical marijuana card. Plus, they could purchase and possess up to four ounces at one time. 

SB 767 looks to build off of the already established medical program. Citizens can purchase and possess up to one ounce of recreational marijuana. They must be over 21 and have proper ID to purchase. Citizens also can possess up to six personal use plants with as many as three being mature. However, “the consumption of cannabis products is permitted; provided that consumption of flavored e-liquids and juices containing cannabis for vaporizing devices is prohibited.” Vaping and smoking recreational marijuana is illegal under SB 767. This trend seems to be picking up speed across the country as well. Vaping and smoking marijuana are the easiest and most popular ways of consumption. To prohibit them while legalizing marijuana seems to be a regression many supporters are against.

The Department of Health would create rules and licenses for businesses that wish to sell recreational marijuana by July 1 of this year. However, there is no set date or time when sales would begin and the public could purchase personal use marijuana. It would remain illegal to drive and operate machinery while under the influence of cannabis. Employers can still restrict employees from consuming cannabis under this bill.

Concerns

The Senate committees have received some pushback from various departments and other government officials. Attorney General Clare E. Connors (D) along with others released a statement this past week urging this bill to halt. They said wasn’t the right time for approval. 

Other lawmakers say that SB 767 isn’t doing enough. There are no racial or social equity concerns within the bill. Native Hawaiians find themselves prosecuted relentlessly for cannabis use. Unfortunately, this bill would prohibit them from the chance of joining the growing cannabis market. Many say this is wrong. This bill would continue to propagate discrimination in the Hawaiian communities to limit the amount of Natives allowed simply because they had previous possession convictions. 

“The bill could be improved by placing social equity provisions to help ensure participation by Native Hawaiians, who have borne disproportionate harms related to the ‘war on cannabis’ and Hawaii’s criminal legal system over decades,” the Board President for the Drug Policy Forum of Hawaii, Nikos Leverenz, stated.  “Those with prior cannabis convictions should be allowed to participate in Hawaii’s emerging cannabis economy. Additional protections for medical cannabis patients and care providers are also needed, as are protections for use and ensuring that those under 21 are not over-criminalized.”

A few years ago, Hawaii removed criminal penalties for up to three ounces of marijuana possession. Penalties became a $130 fine with no threat of jail time. 

Future of Hawaii Marijuana Legalization

While lawmakers continue moving SB 767 through the Senate Chamber, it is unclear if Governor David Ige (D) would approve of this bill should it come across his desk. Previously, Governor Ige has opposed marijuana reform despite what his citizens have expressed. Most recently, he flip flopped on whether or not he should sign the decriminalization bill. He described it as “a very tough call.” A decision that ultimately led to the bill becoming a law without his signature. Additionally, he vetoed a measure to add opioid addiction to the list of disorders that qualify for medical marijuana. 

It’s unclear where this bill will move in the future, but the reform movement has taken hold in Hawaii. Let’s just hope it continues despite pushback. As more information becomes available, we will be sure to update you with the latest on Hawaii marijuana legalization.

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