Hawaii, one of the first states to legalize medical cannabis, is now considering three different proposals to legalize cannabis for adult use. The bills, introduced in January 2024, offer different approaches to regulating and taxing the cannabis industry, as well as addressing social and criminal justice issues related to cannabis prohibition.
Attorney General’s Proposal Gets Legislative Support
The most comprehensive and detailed proposal comes from state Attorney General Anne Lopez, who released a 315-page draft bill last year to provide lawmakers with legal guidance and the potential risks of cannabis legalization. Although Lopez does not support legalization, she acknowledged that policy reform is likely inevitable and that her office’s focus was to protect public safety and health.
Lopez’s proposal has been adopted by House Rep. David Tarnas and Sen. Jarrett Keohokalole, who introduced a pair of companion bills (HB2600 and SB3335) on Jan. 24. The bills would allow adults 21 and older to possess up to 1 ounce of cannabis and up to 5 grams of concentrates, as well as to grow up to six plants at home and to possess up to 10 ounces of harvested cannabis for personal use. The bills would also create the Hawaii Cannabis Authority, a new agency to oversee the cannabis industry, supervised by a Cannabis Control Board led by an executive director and made up of five appointed members. The bills would levy a 10% excise tax on cannabis sales, in addition to Hawaii’s 4% sales tax. If passed, the bills would take effect on Jan. 1, 2026.
Decriminalization Bill Aims to Reduce Penalties for Possession
Another proposal, introduced by Sen. Joy San Buenaventura on Jan. 19, aims to decriminalize the possession of up to 1 ounce of cannabis for adults. Currently, such offenses are misdemeanors punishable by up to 30 days in jail, but SB2487 would reclassify them as civil violations punishable only by a fine. The bill would also expunge the records of those who have been convicted of cannabis possession in the past.
San Buenaventura said that her bill is a compromise between legalization and prohibition and that it would reduce the burden on the criminal justice system and the stigma on cannabis users. She also said that decriminalization would allow the state to study the effects of cannabis use and prepare for its possible legalization in the future.
Ballot Measure Bill Seeks to Let Voters Decide on Legalization
The third proposal, filed by Rep. Gene Ward on Jan. 22, would let the voters decide on whether to legalize cannabis for adult use. His bill, HB2037, would put a nonbinding constitutional amendment on the ballot, asking the voters if they support allowing adults 21 and older to possess and use cannabis. If approved, the amendment would authorize the legislature to enact legislation to tax and regulate the cannabis market in Hawaii.
Ward said that his bill is a response to the lack of action by the legislature on the issue of legalization and that he believes that the people should have a say on the matter. He also said that he is personally opposed to legalization but that he respects the will of the voters.
Lawmakers Have Until April to Pass the Bills
The three bills have been referred to various committees for consideration, and lawmakers have until April to pass them. Last year, the Senate approved a legalization bill, but it died in the House without a vote. A report published last year found that the state could generate more than $50 million in additional tax revenue each year by legalizing and regulating adult-use cannabis.
Hawaii has a long history of cannabis use and activism and was the first state to legalize medical cannabis through the legislature in 2000. However, the state has been slow to implement and expand its medical cannabis program and has faced challenges from the federal government and local authorities. The state currently has eight licensed medical cannabis dispensaries, serving more than 30,000 registered patients.