Hawaii Senate Kills ‘De Facto’ Marijuana Legalization

A bill to increase the amount of marijuana a person can possess before facing harsh criminal penalties failed in the Hawaii Senate on a 15-9 vote Monday.

It was the second defeat of a measure in the Legislature this session to allow more people to possess pot. A bill to allow recreational use of marijuana for people 21 and older died earlier this month.

The reasons for suspending Senate Bill 2487, the decriminalization measure, were similar to those of Senate Bill 3335, the recreational marijuana bill. Opponents said it would put more marijuana in the hands of young people, discourage Asian tourists from visiting the country, fail to stop black market sales and lead to more car accidents.

Passing the bill would send a message “to our keiki and the community that this drug is harmless — it is not,” said Sen. Sharon Moriwaki, whose district includes Waikiki. “It is a threat to our largest industry, tourism.”

Although medical marijuana is legal in Hawaii and nearly half of all states have taken action to legalize the drug, Moriwaki said marijuana is a public health threat.

“As more data comes in, we are learning that cannabis is even more dangerous to public health and safety than tobacco or alcohol use,” she said. That’s partly because marijuana today has a higher THC content and is often combined with other drugs, she said.

In 2019, Hawaii decriminalized possession of small amounts of marijuana. Instead of being subject to a misdemeanor punishable by up to 30 days in jail and a $1,000 fine, people caught with 3 grams of cannabis face a $130 fine, although the law is rarely enforced.

In addition to increasing the amount of cannabis a person can hold from 3 grams to 1 ounce, SB 2487 would have lowered the possession fee to $25. And smoking marijuana in a public place would be an offense under the crime of promoting a harmful drug in the third degree.

In its justification for the bill’s passage, a House committee report said that arrest for possession of small amounts of marijuana or related paraphernalia “is one of the most common entry points into the criminal justice system.” Changing the law would ensure that funds and resources are allocated to more serious drug crimes.

SB 2487 was supported by the Hawaii Public Defender’s Office, the ACLU of Hawaii, the Democratic Party of Hawaii and the Hawaii Public Health Institute.

But opponents included the attorney general’s office, the Honolulu Police Department and the Honolulu District Attorney’s Office.

The plaintiff, Steve Alm, and Gene Ward, a House Republican, both called SB 2487 a “de facto” legalization bill.

The House passed SB 2487 on April 5, but 18 of 51 members voted against it. Senators quickly took action against it, in part because the House rejected SB 3335.

“The Senate sent a very good, reasonable recreational legalization bill with guardrails to the other chamber,” said Senator Angus McKelvey. He warned that the House bill could “explode” the black market, “undermining and creating all the security risks that the bill we sent was intended to address.”

The Senate vote came just before senators unanimously approved Senate Bill 2706, which would create a Clean Slate Expungement Task Force to draft legislation for a state-run program that would clear some criminal records. The bill does not mention marijuana-related crimes, but it is expected that they will be included in the task force’s work.

SB 2706 previously cleared the House and now heads to Governor Josh Green’s desk for consideration.

Another ban measure, House Bill 1595, would establish a pilot program specifically targeting marijuana. The bill’s authors wrote that they recognize that arrest records “may adversely affect an individual’s financial security and limit their ability to obtain housing, employment, or a professional license.”

HB 1595 has also been sent to the governor, who has until June 25 to express his intention on this and other measures.