Lawmakers in Hawaii are giving the legalization of recreational marijuana another shot in 2024 with at least three bills to end criminal penalties for the possession of cannabis by adults introduced in the state legislature in January. One measure would legalize recreational marijuana possession and sales, while a second would leave the decision up to the state’s voters. A third, more limited measure would decriminalize weed possession for adults, although those caught with weed would still be subject to civil fines.
House Rep. David Tarnas and Sen. Jarrett Keohokalole, both Democrats, introduced companion bills that are largely the product of a recreational marijuana legalization proposal offered by Attorney General Anne Lopez last year, according to a report from Marijuana Moment. 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 is slated to go into effect on January 1, 2026, would also permit the home cultivation of up to six cannabis plants and allow for the possession of up to 10 ounces of harvested homegrown marijuana.
At least three bills to reform Hawaii’s marijuana laws have been introduced for the current … [+]
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. Sales of adult-use cannabis would be assessed a 10% tax on top of the state’s 4% sales tax.
Cannabis Advocates Seek Changes To Bill
The legislation has the support of state lawmakers, with nine co-sponsors in the Hawaii Senate and 16 in the state House of Representatives. But cannabis advocacy groups including the National Organization for the Reform of Marijuana Laws (NORML) and the Marijuana Policy Project have raised objections to some provisions of the bills, 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. “Placing a velvet glove of legalization on law enforcement’s iron hand is not what is called for.”
Karen O’Keefe, director of state policies for Marijuana Policy Project, said the bills “might actually do more harm than good to the cause of cannabis justice” if they are approved in their current form.
“Legalization should mean fewer cannabis arrests, not more,” O’Keefe told Marijuana Moment, arguing that the policy change “should include the clearing of criminal records for cannabis and reinvestment in hard hit communities. Instead, these bills ramp up cannabis-specific law enforcement and impose jail time for innocuous behavior that harms no one, including driving long after impairment wears off and having a previously opened jar of edibles in the passenger area of a car.”
House Bill 2600 would legalize recreational marijuana for adults and allow for the commercial … [+]
Under the legislation, the possession of marijuana products outside of a sealed package in the passenger area of an automobile is a criminal offense subject to up to 30 days in jail. Possession of cannabis by minors could also be charged as a criminal offense, although the legislation contains provisions for deferred prosecution and probation. Cannabis advocates also note that the legislation does not include measures to automatically expunge past convictions for minor marijuana convictions.
“While it’s past time Hawai’i end cannabis prohibition,” O’Keefe said, the legislature “needs to significantly revise the AG-drafted bills.”
Other Weed Bills Also Pending
A separate measure, House Bill 2037 from Republican Rep. Gene Ward, maintains that “the legalization of recreational cannabis is a contentious issue that the people of this state should have the opportunity to democratically decide,” according to a report from the Hawaii Tribune-Herald. Under the bill, the electorate would vote on a constitutional amendment “to allow individuals who are at least 21 years of age to possess and use cannabis and to authorize the … Legislature to enact legislation to regulate the possession, distribution, use and taxation of cannabis.”
A third bill, Senate Bill 2487 from Democratic Sen. Joy San Buenaventura, would decriminalize possession of up to one ounce of marijuana for adults. The measure would reduce such offenses from petty misdemeanors subject to up to 30 days in jail to civil violations that would only carry a fine as punishment.
All three bills have been referred to various legislative committees for consideration. Last year, the Hawaii Senate approved a recreational marijuana legalization bill, but the measure has not received a vote in the state House of Representatives.