Hawaii Senate kills bill to decriminalize cannabis possession

The legislature put a plug on any more immediate actions on cannabis.

The Hawaii Senate this week rejected a measure that would have increased the amount of cannabis a person could possess without facing severe criminal penalties.

The bill failed by a vote of 15-9, marking the second defeat of a marijuana-related measure in the state’s legislature this session. Earlier this month a bill to legalize recreational cannabis use for adults 21 and older failed to make it out of committee.

According to a report from the Hawaii Civil Beat, opponents of SB 2487 expressed concerns that the bill would lead to increased youth access to the plant, discourage Asian tourists from visiting the state, fail to curb illicit market sales, and result in more automobile accidents.

Some senators argued that cannabis poses a threat to public health and safety, particularly due to higher THC content and the potential for it to be laced with other drugs. Other senators suggested that decriminalization without proper regulations could undermine public safety.

Democratic Sen. Angus McKelvey said that he supports more comprehensive legalization measures with robust safeguards, similar to a bill that had been previously sent to the House by the Senate, the outlet reported. Lawmakers also voted against it because the House killed SB 3335.

Currently, Hawaii law decriminalizes possession of up to three grams of cannabis, with violators facing a $130 fine. SB 2487 sought to increase the possession limit to one ounce and reduce the fine to $25.

“Heavily fining or putting people in jail for possession of some small amount simply serves to impair people to hold a job, get loans, things you need to advance in society,” Chris Lee, a Democratic majority whip who from helped create the bill, told a Honolulu ABC affiliate earlier this month, adding that “Decriminalizing possession of cannabis is something that is a big step forward.”

The bill was supported by some organizations, such as the Hawaii Public Defender’s Office and the ACLU of Hawaii, but faced opposition from the Attorney General’s Office, Honolulu Police Department, and Honolulu Prosecutor’s Office, who argued that SB 2487 was essentially a “de facto” marijuana legalization bill.

Kyle Yamashita, a Maui Democrat and House Finance Committee Chair, earlier this month in a statement cited the state’s ongoing efforts to address challenges resulting from last summer’s wildfires as reasons for not advancing the legislation, saying that the committee must prioritize addressing wildfire-related expenses.

He also said that the full cost of implementing adult-use cannabis is unknown, and described legalization as a “deeply divisive issue.”

In the same breathe, the Hawaii Senate unanimously approved Senate Bill 2706, which would establish a Clean Slate Expungement Task Force to draft legislation for a state-led program to clear certain criminal records, potentially including cannabis-related offenses. Another bill, House Bill 1595, would create a pilot program specifically focused on expunging marijuana-related records.

Both bills have been sent to Gov. Josh Green for consideration, who has a June 25 deadline.

Adam Jackson

Adam Jackson writes about the cannabis industry for the Green Market Report. He previously covered the Missouri Statehouse for the Columbia Missourian and has written for the Missouri Independent. He most recently covered retail, restaurants and other consumer companies for Bloomberg Business News. You can find him on Twitter at @adam_sjackson and email him at adam.jackson@crain.com.


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