A sweeping bill to legalize adult-use marijuana in Hawaii and bring together hemp and cannabis regulation under a single agency advanced on Tuesday, winning approval from a pair of House committees at a joint hearing.<\/p>\n
The measure\u2014HB 1246, from Rep. David Tarnas (D)\u2014was heard at a meeting of the Committee on Judiciary and Hawaiian Affairs and the Committee on Agriculture and Food Systems. The bodies voted 6\u20134 and 5\u20130, respectively, to advance the proposal.<\/p>\n
\u201cThis is a one-plant approach so that it would under this office regulate medical cannabis, adult-use cannabis and hemp products that are for consumption or use on the skin by humans. It would not include industrial hemp for construction or for cloth,\u201d Tarnas, who chairs the Judiciary and Hawaiian Affairs Committee, said at the hearing.<\/p>\n
He also emphasized that the legislation has \u201cprotections against the multi-state operators from coming into Hawaii\u201d in an effort to bolster local businesses instead of creating opportunities for large corporations from elsewhere to dominate the market as has occurred in other states.<\/p>\n
\u201cThe bill includes a five-year residency requirement, which will limit who can be licensed and prevent these out-of-state corporations from obtaining licenses,\u201d Tarnas said.<\/p>\n
Public comment ahead of the vote demonstrated what Tarnas acknowledged were divided opinions on the proposed change.<\/p>\n
\u201cWe have received testimony\u201495 in support, 135 in opposition and comments from 11,\u201d the sponsor said. \u201cSo you can tell, this is really in many ways a divisive issue. It\u2019s got people with strong feelings on both sides.\u201d<\/p>\n
If enacted, the legislation would establish the Hawaii Cannabis and Hemp Office, which would oversee adult-use cannabis, medical marijuana and hemp businesses. Adults 21 and older would be able to possess up to an ounce of marijuana and five grams of cannabis concentrate beginning January 1, 2026. Adults could also grow limited amounts of marijuana at home for personal use.<\/p>\n
A companion bill in the Senate, SB 1613, has been introduced by Health and Human Services Committee Chair Sen. Joy San Buenaventura (D).<\/p>\n
The new proposal comes after lawmakers last year fell short of passing a legalization bill. The\u00a0Senate approved approved that measure last March<\/a>, but, as with past efforts to end prohibition, it stalled out in the House of Representatives.<\/p>\n\n Ahead of Tuesday\u2019s hearing, the panels received nearly 300 pages of testimony, including from state agencies, advocacy organizations and members of the public.<\/p>\n Many of the public agencies that submitted comments did not take an overall position on the bill, instead offering feedback on individual provisions. Some agency officials also requested a delayed effective date on the bill in order to prepare for the legal change.<\/p>\n Nadine Ando, director of the Department of Commerce and Consumer Affairs, for example, said the bill\u2019s \u201ccommitment to public health protections, including an extensive public health and education campaign, reflects a responsible approach to mitigate potential risks associated with cannabis use,\u201d added that the department \u201calso supports the intent to establish a zero-tolerance policy toward distributing cannabis to individuals under the age of twenty-one and driving under the influence of cannabis.\u201d<\/p>\n The Department of the Attorney General, meanwhile, suggested changes to the bill\u2019s provisions on open containers in vehicles. As introduced, the bill would prohibit open cannabis packages in a moving vehicle unless they were stored in a trunk or other compartment out of the driver\u2019s reach. The AG\u2019s office said the \u201cout of reach of the driver\u201d exception \u201cwould make enforcement of the open container law difficult, as a driver can just pass any open cannabis container, joint, or pipe, to their passenger or otherwise move it out of reach after a traffic stop, but before the officer reaches the car.\u201d<\/p>\n The office suggested instead that the measure prohibit all open containers unless explicitly \u201cstored in a trunk, luggage compartment, or similar container.\u201d<\/p>\n The Department of the Attorney General also recommended that in addition to legal penalties for minors in possession of marijuana, they also be referred to an assessment by a substance abuse counselor and potentially required to obtain treatment for substance use disorder.<\/p>\n Luis Salaveria, director of the Department of Budget and Finance, said the agency \u201crecommends that the tax on cannabis products be set at a parity to, if not higher than, other \u2018sin\u2019 taxes, with a portion of revenues deposited to the general fund to support the extensive legal, regulatory, and grant-issuing framework proposed by this bill in a self-sustaining matter.\u201d<\/p>\n He wrote that projected cannabis tax revenue for fiscal year 2026 would be $4.4 million, rising to an estimated $17 million in fiscal 2027, adding that \u201cit is difficult to determine\u201d whether the bill\u2019s proposed Cannabis Regulation and Enforcement Special Fund \u201cwill be self-sustaining.\u201d<\/p>\n Slaveria concluded, however, that the Department of Budget and Finance defers to other agencies as to \u201cthe programmatic merits of this bill.\u201d<\/p>\n The Department of Agriculture, for its part, said it \u201csupports the \u2018one-plant\u2019 approach\u201d and \u201cbelieves that this bill provides substantial protection for hemp farmers and will support the hemp industry into the future,\u201d though it recommended changes around importation and inter-island transfer of cannabis plants. One suggestion, for example, is that the state\u2019s law against moving flora and fauna from one island to another not apply to cannabis and hemp.<\/p>\n The Department of Health said that while it \u201cappreciates that a priority of HB1246 is the implementation of extensive, well-funded public health protections,\u201d it nevertheless expects that legalizing adult-use marijuana would \u201chave a negative impact on the health of the public,\u201d warning of suicidal ideation, increased risk of psychotic disorders such as schizophrenia and concerns about exposing fetuses and newborns to cannabis.<\/p>\n The health department did, however, say it \u201cstrongly supports the \u2018one plant, one regulatory agency\u2019 best practice\u201d embodied in the bill, and it expressed appreciation for its \u201cintent to address inequalities by bringing economic opportunity to disadvantaged regions of Hawaii and transition illicit operators to the legal market through a robust social equity grant and fee waiver program.\u201d<\/p>\n Groups that formally opposed the measures in public testimony included law enforcement\u2014such as the Honolulu Police Department and the prosecuting attorneys\u2019 offices in Honolulu and Maui\u2014as well as anti-drug groups, including the Hawaii Substance Abuse Coalition and the Hawai\u2019i Family Forum.<\/p>\n Some others, such as the Hawaiian Islands Republican Women, said they support the medical use of marijuana but not its nonmedical use.<\/p>\n Among those in support were the Stonewall Caucus of the state Democratic Party\u2014which said the bill \u201crepresents a crucial step forward toward modernizing our state\u2019s cannabis laws, supporting economic growth, and addressing long-standing issues of social equity and criminal justice reform\u201d\u2014as well as the party\u2019s education caucus.<\/p>\n Drug reform groups were broadly supportive of the bill\u2014including some that withheld support for last year\u2019s bill.<\/p>\n Marijuana Policy Project (MPP), for example, submitted comments on last year\u2019s proposal but didn\u2019t endorse the measure. This year\u2019s revised version, however, won the group\u2019s support, wrote Karen O\u2019Keefe, MPP\u2019s director of state policies.<\/p>\n \u201cWe urge you to report HB 1246 favorably so that Hawai\u2019i can join the 24 other states that have legalized cannabis for adults 21 years of age and older,\u201d O\u2019Keefe said in submitted testimony, urging lawmakers to adopt amendments that would further prioritize legacy operators.<\/p>\n She also said that the bill \u201cwould provide consumers with a safer alternative to both illicit cannabis and potent \u2018gas station cannabis\u2019 that is widespread in Hawai\u2019i now.\u201d<\/p>\n \u201cIt mandates rules on lab testing, sanitation, health and safety, labeling, dosages, and potency, and requires packaging to be opaque, a single color with no graphics, child-resistant, and resealable. It requires warnings on the products and on flyers in cannabis stores, and bans hazardous and detrimental products,\u201d her comments said, also emphasizing that youth use of marijuana has decreased in most states that legalized cannabis.<\/p>\n As for last year\u2019s bill, O\u2019Keefe told Marijuana Moment earlier this year that she had mixed feelings about that proposal, which many saw as over-regulated. Based on a draft from the state attorney general\u2019s office, the bill \u201chad a lot of language that we considered too authoritarian, too restrictive,\u201d she explained, noting that in some cases\u2014such as a non-impaired driver who nevertheless had measurable THC in their system\u2014the proposal would have actually increased<\/em> criminal penalties.<\/p>\n The group Doctors for Drug Policy Reform also testified in support of the new bill, writing that \u201cthe most significant detriment of cannabis lies in the severe consequences of arrests or imprisonment, profoundly impacting both individual and societal well-being.\u201d<\/p>\n \u201cThe ramifications of a cannabis-related arrest or conviction can endure a lifetime,\u201d the organization said, \u201chindering employment prospects, access to financial resources like car loans or mortgages, eligibility for student financial aid, and securing public housing.\u201d<\/p>\n Nikos Leverenz, board president of the Drug Policy Forum of Hawai\u2019i, also submitted comments in favor of the measure. In a subsequent statement to Marijuana Moment about Tuesday\u2019s votes, Leverenz said the committees \u201cadvanced a bill that is a significant improvement over last year\u2019s vehicle.\u201d<\/p>\n \u201cThe provisions for social equity and craft cannabis licenses are especially salutary,\u201d he said. \u201cHB 1246 lays a measured yet robust regulatory foundation for Hawaii to move beyond the decades-long failure of criminalization that still ensnares far too many in the criminal legal system. Those who are criminalized include children, with Native Hawaiian and Pasifika families disproportionately impacted.<\/p>\n \u201cLegalization of adult-use can help provide the kind of science-based education and prevention programs in our communities to reduce the use of alcohol and other drugs and also help prevent violence,\u201d Leverenz added.<\/p>\n As for the chances of passage, the advocate noted that Gov. Josh Green (D) and the state Senate support legalization. \u201cAs such, the House has an opportunity in the coming weeks to create a cannabis economic sector that can create new jobs and businesses to benefit our state in the near term. Should the federal government soon open the gate to interstate commerce, this bill will position Hawaii to compete in the national market instead of getting steamrolled by large corporate interests from the continent,\u201d he said.<\/p>\n Before voting to approve the legislation, the joint committees adopted a number of amendments, including adding a defective date, which is a procedural method of ensuring that the legislation receives additional discussion before being enacted.<\/p>\n Lawmakers also blanked out the appropriations provisions and those concerning the creation of new state positions, leaving it to later committees to handle those issues.<\/p>\n Tarnas also said the panels were adopting recommended amendments from the attorney general, Department of Human Resource Development, Department of Taxation and Hawai\u2019i Alliance for Cannabis Reform.<\/p>\n Additional changes concern the use of medical cannabis in student housing at colleges and universities, business application requirements for current medical marijuana operators and THC amounts in cannabis tinctures.<\/p>\n Here\u2019s what the legislation,\u00a0HB 1246<\/a>\u00a0\/\u00a0SB 1613<\/a>, would do:<\/strong><\/p>\n The bill\u2019s legislative page also includes a summary of the proposal and a frequently asked questions section.<\/p>\n Lawmakers on the Committee on Judiciary and Hawaiian Affairs attended an informational briefing on Tarnas\u2019s proposal last week<\/a>. Much of the roughly two-hour event consisted of presentations from legalization advocates, regulatory experts and industry and community representatives. They gave lawmakers an overview of state-level legalization in the U.S. and spoke to how the Hawaii proposal built on lessons learned in other states.<\/p>\n Some of the main issues raised by lawmakers during a Q&A session last week included how legalization might affect youth use of marijuana and what some described as the widespread availability of hemp-derived cannabinoids, such as vape products containing THC.<\/p>\n \u201cLots of vape shops currently sell vaping products which they advertise as THC products\u2026there\u2019s delta-8, delta-9 [THC],\u201d said Rep. Diamond Garcia (R). \u201cOn those boxes, it says that it\u2019s a legal product per the 2018 Farm Bill. So I think it\u2019s unclear to people here in Hawaii: Is that legal? Is that THC? And so, what\u2019s going on?\u201d<\/p>\n Kaliko Castille, CEO of ThndrStrm Strategies and a former president of the Minority Cannabis Business Association, said one benefit of the new bill is that it would bring regulation of all marijuana and hemp products under one roof.<\/p>\n \u201cYou think this is confusing for those of us who are in the policy world or live in the cannabis industry,\u201d he said. \u201cMost voters do not understand the difference. And if they see available on a shelf anywhere, they assume it\u2019s legal.\u201d<\/p>\n Tarnas said at that meeting that one of the most critical concerns he\u2019s heard from fellow lawmakers about legalization is how it might affect underage use of the marijuana<\/a>. \u201cWe hear from some advocates who are opposing this saying that, you will see a significant increase in use of cannabis by those under 21,\u201d he noted.<\/p>\n To that concern, O\u2019Keefe presented before-and-after data for multiple U.S. states that have legalized marijuana for adults showing that most states saw decreases in youth use.<\/p>\n \u201cWe take the biggest survey that was done in the state for teenagers immediately prior to legalization and then every year up until the most recent year\u201d of available data, she explained, \u201cand in 19 out of the 21 states, we\u2019ve seen a decrease.\u201d<\/p>\n Data from Washington State, one of the first two U.S. states to legalize adult-use cannabis, in 2012, saw meaningful drops across age levels, O\u2019Keefe explained.<\/p>\n \u201cIn 2010, 9.5 percent of eighth graders had used marijuana in the last 30 days. Following legalization, \u201cit was down to 3.7 [percent]. That\u2019s about a third of what it was before legalization.\u201d<\/p>\n Among 10th graders, \u201cit was 20 percent in 2010. It went down to 8.4 percent\u2014more than a 50 percent drop. Twelfth graders, it was 26.3 percent pre-legalization, 16.3 percent post-[legalization], in 2023.That\u2019s a 10-point drop.\u201d<\/p>\n \u201cWe can\u2019t conclude causation,\u201d O\u2019Keefe acknowledged, \u201cbut it was a pretty remarkable drop in every state we\u2019ve observed.\u201d<\/p>\n \u201cAnd consistent across the board,\u201d replied Tarnas.<\/p>\n \u201cWe want to address this in, you know, a very deliberative process here at the legislature, and base it on facts,\u201d the lawmaker continued. \u201cAnd I think that\u2019s what you have helped us with, is: What are the facts?\u201d<\/p>\n Speakers also briefly\u00a0discussed\u00a0how Hawaii\u2019s adoption of a comprehensive cannabis regulatory scheme could better prepare the state for the possibility of legalization at the federal level. For example, Tarnas said regulation could help guard Hawaii from an influx of out-of-state products and protect the interest of in-state businesses.<\/p>\n O\u2019Keefe also pointed out that if a legal industry were up and running once interstate commerce is allowed, Hawaii could be well positioned to export cannabis products to other markets.<\/p>\n Andrew Goff, deputy state attorney general in Hawaii, said the more-than-300-page bill is necessarily complicated, including ownership restrictions, license applicant vetting, provisions to ensure the state\u2019s existing medical marijuana system isn\u2019t unduly affected and rules around consumable versus non-consumable hemp products, such as textiles and hempcrete, a building material.<\/p>\n \u201cThe current enforcement is fragmented across multiple jurisdictions, so it\u2019s really difficult to enforce and get everyone who has jurisdiction to enforce to buy in,\u201d he said. \u201cWhat this bill does, basically, is it creates consistent enforcement from a single agency funded by cannabis use tax sales [and] ensures uniform regulations consistent with medical cannabis. It provides clear enforcement authority for restricted cannabinoids and ensures industrial hemp is not regulated as a cannabis cannabinoid program.\u201d<\/p>\n This past fall, regulators solicited proposals to\u00a0assess the state\u2019s current medical marijuana program<\/a>\u2014and also sought to estimate demand for recreational sales if the state eventually moves forward with adult-use legalization. Some read the move as a sign the regulatory agency saw a need to prepare to the potential reform.<\/p>\n Hawaii was the first U.S. state to legalize medical marijuana through its legislature, passing a law in 2000.<\/p>\n Separately in Hawaii, the House Committee on Labor unanimously voted to advance legislation that would protect state-registered medical marijuana patients from discrimination in the workplace<\/a>.<\/p>\n That bill, HB 325, would prevent employers from using a person\u2019s status as a medical marijuana cardholder against them when making hiring, firing or other employment-related decisions, with some limitations. It would also bar discrimination based on a registered patient\u2019s positive drug test for cannabis or metabolites provided the person is not impaired on the job.<\/p>\n \u201cThe ongoing conflict between state and federal medical cannabis laws causes confusion for employers, who are unsure whether state medical cannabis laws supersede their power to enforce drug-free workplace policies against employees,\u201d the measure\u2019s introductory text says. \u201cThe courts have consistently ruled in favor of employers when qualifying patients challenge drug-free workplace policies, yet have not entirely foreclosed on the possibility that state medical cannabis laws might operate to protect qualifying patients against employment discrimination.\u201d<\/p>\n \u201cWithout explicit statutory guidance,\u201d it continues, \u201cthe courts may not properly balance the needs of qualifying patients for employment protections and an employer\u2019s need to provide a safe workplace.\u201d<\/p>\n The protections would apply to both public and private employees, though it would not extend to law enforcement or corrections workers, state and county firefighters, emergency medical workers, lifeguards or swim instructors, people who carry firearms on the job, people who operate vehicles or heavy machinery, emergency management workers, people who work with children or the elderly or people who administer controlled substances, among other carveouts.<\/p>\n Employers could also discriminate against medical marijuana patients if \u201ca failure to do so would cause the employer to lose a monetary or licensing-related benefit under a contract or federal law.\u201d<\/p>\n GOP Congressman Withdraws Amendment Aimed At Undermining Marijuana Rescheduling Process<\/a><\/p>\n<\/blockquote>\n\n The post Hawaii Marijuana Legalization Bill Gets Approval From House Committees At Joint Hearing<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A sweeping bill to legalize adult-use marijuana in Hawaii and bring together hemp and cannabis regulation under a single agency advanced on Tuesday, winning approval from a pair of House committees at a joint hearing. The measure\u2014HB 1246, from Rep. David Tarnas (D)\u2014was heard at a meeting of the CommitteeContinue 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\/80063"}],"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=80063"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80063\/revisions"}],"predecessor-version":[{"id":80064,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80063\/revisions\/80064"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=80063"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=80063"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=80063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Hawaii Marijuana Legalization Bill Gets Approval From House Committees At Joint Hearing<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"