{"id":73858,"date":"2024-04-08T09:41:36","date_gmt":"2024-04-08T17:41:36","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/08\/with-legalization-dead-for-the-session-hawaii-lawmakers-advance-incremental-bills-to-expand-decriminalization-and-provide-expungements\/"},"modified":"2024-04-08T12:45:41","modified_gmt":"2024-04-08T20:45:41","slug":"with-legalization-dead-for-the-session-hawaii-lawmakers-advance-incremental-bills-to-expand-decriminalization-and-provide-expungements","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/08\/with-legalization-dead-for-the-session-hawaii-lawmakers-advance-incremental-bills-to-expand-decriminalization-and-provide-expungements\/","title":{"rendered":"With Legalization Dead For The Session, Hawaii Lawmakers Advance Incremental Bills To Expand Decriminalization And Provide Expungements"},"content":{"rendered":"<\/p>\n

After a proposal to legalize marijuana in Hawaii fizzled out last week<\/a>, lawmakers are moving forward with more modest cannabis reforms. On Friday, the House approved a Senate-passed a bill to expand the state\u2019s limited decriminalization of possession, while a Senate committee approved a scaled-back expungements bill that would create a single-county pilot program aimed at clearing certain past offenses.<\/p>\n

A separate bill to create a broader expungements-focused task force, meanwhile, also passed out of the House and now returns to the Senate.<\/p>\n

The decriminalization bill, SB 2487, would decrease the fine for low-level marijuana possession from $130 to $25. That would apply to up to an ounce of cannabis\u2014up from three grams under current law.<\/p>\n

\u201cI think this is a very reasonable bill,\u201d Rep. David Tarnas (D) told colleagues on Friday, noting that at least 27 other states have set legalization or decriminalization thresholds at an ounce or more.<\/p>\n

Possession of more than one ounce would still carry criminal penalties, and a new violation would punish public cannabis consumption with a $130 fine.<\/p>\n

\u201cI just want to make it very clear what this bill does,\u201d Tarnas said. \u201cIt decriminalizes the possession of an ounce of cannabis or less. The possession of more than one ounce and less than two ounces is a petty misdemeanor. Possession of two ounces or more is a misdemeanor.\u201d<\/p>\n

House lawmakers approved the proposal<\/a> on a 32\u201318 vote, with one member excused, sending it back to the Senate to consider changes made in a House committee last month.<\/p>\n

Critics, such as Democratic Majority Whip Scot Matayoshi, who has opposed legalization and other marijuana reforms this session, spoke out against expanding decriminalization. He called the change \u201cfar too much for our state to bear at this time\u201d and arguing that medical marijuana is already legal in the state.<\/p>\n

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The expungements bill, meanwhile\u2014HB 1595\u2014would create a pilot program that supportive lawmakers have described as a \u201csignificant first step\u201d in erasing old criminal records.<\/p>\n

As originally introduced, the bill would have directed the state to automatically expunge tens of thousands of arrest and conviction records for low-level marijuana possession<\/a>. But the Senate Judiciary Committee last month gutted the proposal, replacing the statewide plan with a pilot program in Hawaii County<\/a> that would apply only to non-conviction arrest records.<\/p>\n

The Senate Ways and Means Committee approved the bill on a voice vote Friday, sending it to the Senate floor. It\u2019s expected to be taken up on Tuesday.<\/p>\n

If HB 1595<\/a> passes the full chamber by a Thursday deadline, it would then return to the House for consideration of recent changes.<\/p>\n

The scaling back amendment came from the office of Attorney General Anne Lopez (D). Her office told Marijuana Moment in an interview<\/a> last month that the issue was budgetary, claiming that \u201cThere simply isn\u2019t the money available for new kinds of projects that aren\u2019t deemed necessary or crucial to the recovery\u201d following massive wildfires that tore through Maui last August.<\/p>\n

\u201cWith one expunger working at the Hawaii Criminal Justice Data Center,\u201d said Dave Day, special assistant to the attorney general, \u201cwe felt that a pilot project to show how that would work, and potentially what resources would be required for a larger expungement program, would be appropriate.\u201d<\/p>\n

Hawaii County comprises the Big Island and is state\u2019s second most populous after Honolulu County, home to about 14 percent of the state\u2019s population.<\/p>\n

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In a report from the Judiciary Committee, which restricted the scope of the bill, the panel said it \u201csupports the intent of this measure and believes that such a pilot project regarding the expungement of non-conviction arrest records is a significant first step\u201d in addressing individuals\u2019 efforts to expunge past arrest records.<\/p>\n

The full, statewide version of the bill was expected to bring relief to \u201capproximately 30,000 people\u201d eligible for expungements under the original proposal, sponsor Rep. David Tarnas (D) said earlier in the session.<\/p>\n

As this week began, some observers speculated that the bill would not be taken up in committee in time to meet a legislative deadline. But lawmakers added it to the Ways and Means Committee calendar on Thursday, breathing new life into the proposal.<\/p>\n

Leaders at ACLU of Hawaii, which earlier in the day was concerned the measure was dead for the session, told Marijuana Moment on Thursday that they were \u201cjazzed that the advocacy paid off.\u201d<\/p>\n

Other advocates said on Friday that they were pleased to see the amended bill move forward, though they acknowledged the current proposal is a far weaker reform than the bill originally intended.<\/p>\n

\u201cHB 1595 would remove an economic life sentence for thousands of Hawaii residents and create a vital first step that could pave the way for broader state-initiated expungement down the road,\u201d said Karen O\u2019Keefe, director of state policies for the advocacy group Marijuana Policy Project (MPP). \u201cBut the House version was far stronger. It was shameful to see the AG\u2019s office argue against wiping away records for simple possession convictions.\u201d<\/p>\n

\u201cThe Senate-amended bill applies only to arrests not resulting in conviction in a single county,\u201d she added. \u201cIt is progress, but it is a timid step that will continue to leave tens of thousands with shattered dreams due to records for conduct that has been decriminalized.\u201d<\/p>\n

Groups providing written testimony in support of the measure included MPP, the Chamber of Sustainable Commerce, the Community Alliance on Prisons, the Democratic Party of Hawaii, ACLU of Hawaii, Opportunity Youth Action Hawai\u2019i, the Japanese American Citizens League, the Last Prisoner Project (LPP), the Hawaii Innocence Project and a number of individuals. None of the submitted testimony opposed the bill.<\/p>\n

The House also passed another expungements-focused bill, SB 2706<\/a>, on Friday. That measure would create a so-called Clean Slate Expungement Task Force that would be charged with crafting legislation for a state-led record-clearing program. It would include certain officials\u2014including the attorney general, chief justice, public defender and various prosecutors\u2014as well as representatives from various advocacy groups, including ACLU, LPP, the Hawaii Innocence Project and others.<\/p>\n

While the expungements bill does not explicitly mention cannabis, marijuana-related offenses are widely expected to be included in the would-be task force\u2019s discussions.<\/p>\n

The House passed the expungements task force bill on a 47\u20133 vote Friday, with one member excused.<\/p>\n

In submitted testimony to the Senate Ways and Means Committee last week, AG Lopez\u2019s office wrote that it prefers approaching expungements through the proposed pilot program bill, HB 1595, which it described as \u201ca more reasonable, cost-effective alternative.\u201d<\/p>\n

\u201cIf the legislature chooses to enact this bill,\u201d it said, \u201cthe Department opposes the passage of Senate Bill No. 2706\u2033\u2014the expungements task force proposal.<\/p>\n

As of 2019, according to a report on the bill from the House Committee on Judiciary and Hawaiian Affairs, \u201cthree hundred thousand residents of the State have been adversely affected by past criminal records, hindering their ability to access employment, housing, and other opportunities.\u201d<\/p>\n

Adrian Rocha, policy manager for LPP, told Marijuana Moment earlier this week that the organization is \u201ccommitted to ensuring HB 1595 passes this session and are in contact with the Hawai\u2019i Criminal Justice Data Center and other agencies to ensure the policy is workable and delivers relief.\u201d<\/p>\n

As for the broader legalization proposal, supporters and opponents have both pointed out that this session has marked the furthest any legalization measure has made it through Hawaii\u2019s legislature.<\/p>\n

The more-than-300-page bill\u00a0was formally introduced in both chambers in January<\/a>\u00a0and is based on a legalization plan written by state Attorney General Anne Lopez (D), who was appointed in December 2022 by Gov. Josh Green (D), a supporter of legalization. It would have allowed adults 21 and older to possess up to an ounce of marijuana and up to five grams of cannabis concentrates.<\/p>\n

The bill\u2019s sponsor in the House, Tarnas, has already committed to bringing a revised bill next session.<\/p>\n

\u201cDuring the interim, I look forward to working with the Attorney General\u2019s office to improve the language of the bill to address issues brought up during the House debate on this bill,\u201d he told Marijuana Moment in an email last week. \u201cI will be collecting factual information about public safety and public health concerns, including the assertion of some opponents that legalization would actually result in an increase in cannabis use by youth as well as an increase in fatal car crashes attributable to cannabis use.\u201d<\/p>\n

As for those claims, Tarnas continued, \u201cI think the evidence shows that there is no evidence of any increase in use of cannabis by youth in legalization states, but I will gather the data and present it next session. Similarly, I think the evidence from legalization states shows that there has not been any demonstrable increase in car crashes by drivers that is attributable solely to cannabis use. But, I will gather the data on this topic and present it next session.\u201d<\/p>\n

While most of opposition to the bill came from law enforcement, some Democratic leaders also vocally opposed the reform. Matayoshi, for instance\u2014the Democratic majority whip who also opposed decriminalization\u2014said before last month\u2019s House floor vote that he didn\u2019t think colleagues \u201cshould vote with reservations or vote in favor of this bill just to see it move along.\u201d<\/p>\n

\u201cWe can\u2019t be voting on a bill that has some good parts but also has an incredible harm to our society in the form of legalizing recreational marijuana,\u201d he said.<\/p>\n

Last year the\u00a0Senate passed a separate legalization bill<\/a>\u00a0that later stalled the House, but advocates were hopeful this year\u2019s proposal could get further. Gov. Green said last month that legalization is a \u201cbig social issue that remains\u201d to be addressed in the state, signaling that he\u2019d\u00a0likely sign a bill to end cannabis prohibition if lawmakers send him one<\/a>.<\/p>\n

Democrats in control of Hawaii\u2019s Senate had said in January that\u00a0cannabis legalization is one of their top priorities this legislative session<\/a>, framing the reform as a means to boost the state\u2019s economy.<\/p>\n

Hawaii residents themselves seem to support the change. A recent Hawai\u2019i Perspectives survey by the Pacific Resource Partnership found 58 percent support for legalization.<\/p>\n

Advocates previously struggled under former Democratic Gov. Dave Ige, who resisted legalization in part because he said he was reluctant to pass something that conflicts with federal law. But since Green took office, activists have felt more emboldened. The current governor said in 2022 that he\u2019d sign a bill to legalize cannabis for adults and already had ideas about how tax revenue could be utilized.<\/p>\n

Last April, Hawaii\u2019s legislature also approved a resolution calling on the governor to create a\u00a0clemency program for people with prior marijuana convictions on their records<\/a>.<\/p>\n

As for other drug policy matters, lawmakers in February advanced a bill that would provide certain\u00a0legal protections to patients engaging in psilocybin-assisted therapy<\/a>\u00a0with a medical professional\u2019s approval. The measure would not legalize psilocybin itself but would instead create an affirmative legal defense for psilocybin use and possession in the case of doctor-approved use under the guidance of a trained facilitator.<\/p>\n

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GOP Senator Urges Border Patrol To \u2018Reverse\u2019 Marijuana Employment Policy Change, Arguing Loosening Rules \u2018Undermines\u2019 Security<\/a><\/p>\n<\/blockquote>\n

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The post With Legalization Dead For The Session, Hawaii Lawmakers Advance Incremental Bills To Expand Decriminalization And Provide Expungements<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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After a proposal to legalize marijuana in Hawaii fizzled out last week, lawmakers are moving forward with more modest cannabis reforms. On Friday, the House approved a Senate-passed a bill to expand the state\u2019s limited decriminalization of possession, while a Senate committee approved a scaled-back expungements bill that would createContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81,126],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/73858"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=73858"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/73858\/revisions"}],"predecessor-version":[{"id":73859,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/73858\/revisions\/73859"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=73858"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=73858"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=73858"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}