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Legalized adult use in Hawaii took another step forward Tuesday when a key House committee advanced SB3335, a bill that aims to kill two cannabis birds with one stoner piece of legislation. Following a public hearing that lasted well over 3 hours, the Committee on Consumer Protection and Commerce passed the bill with amendments in a 7-3 vote. Earlier this month, two other House committees – the Judiciary and Hawaiian Affairs Committee and the Agriculture and Food Systems Committee – voted in favor of the bill after the Senate delivered the bill on March 5. The next stop for SB3335 is the House Finance Committee.
The 318-page bill, which was first promulgated in January by the state’s attorney general, would allow the possession of up to an ounce of cannabis flower and up to five grams of cannabis concentrates by adults 21 and older, but it contains many other provisions that are intended to deal directly with issues related to the distinct but intersecting markets of cannabis and hemp.
Section 1 of the bill clarifies its overall intent:
“The issues posed by hemp-derived products, coupled with the growing pains observed in sister states relating to non-medical adult-use cannabis, underscore the necessity to establish uniform regulations for the entire cannabis plant, including hemp. This approach has emerged as the best practice in the legalization of adult-use cannabis.
“This legislative effort has six main pillars:
(1) the enacting of the Hawaii cannabis law — a legal safe harbor from state criminal prosecution concerning activities relating to cannabis for those who strictly comply with its provisions;
(2) the creation of a robust, independent body — the Hawaii cannabis and hemp authority — with the power to regulate all aspects of the cannabis plant (whether medical use cannabis, non-medical adult-use cannabis, or hemp) in accordance with the Hawaii cannabis law;
(3) the continuing role of law enforcement agencies in addressing illegal cannabis operations not acting in accordance with the Hawaii cannabis law, which pose threats to public order, public health, and business operators who choose to operate in the legal market;
(4) a vibrant, well-funded social equity program to be implemented by the Hawaii cannabis and hemp authority with the intent to bring greater economic opportunity to disadvantaged regions of the State and to help transition formerly illicit operators into the legal market;
(5) a delayed effective date of approximately eighteen months for the legalization of non-medical adult-use cannabis and the first legal retail sales to allow the Hawaii cannabis and hemp authority, law enforcement, licensees, and the public to prepare; and
(6) the implementation of extensive, well-funded public health protections, including a public health and education campaign to inform the public about the new laws, the continuing risks to public health — especially to children — posed by cannabis, and financial assistance for public health services such as addiction and substance abuse treatment.
“Accordingly, the purpose of this Act is to:
(1) Establish the Hawaii cannabis and hemp authority, cannabis and hemp control board, and cannabis and hemp control implementation advisory committee;
(2) Establish laws for the cultivation, manufacture, sale, and personal adult use of cannabis;
(3) Amend or repeal existing laws relating to cannabis, including hemp;
(4) Establish taxes for adult-use cannabis and medical use cannabis sales;
(5) Legalize the possession of certain amounts of cannabis for individuals who are at least twenty-one years of age beginning January 1, 2026;
(6) Transfer the personnel and assets of the department of health and assets of the department of agriculture relating to cannabis and hemp to the Hawaii cannabis and hemp authority; and
(7) Provide certainty for hemp farmers, support for small hemp farmers and industrial hemp projects, and effectively regulate hemp-derived cannabinoid products that may pose a danger to public health or public safety.”
In addition to setting possession limits, the bill permits home grow by adults of up to six plants (and 10 ounces of cultivated product) and sets the starting tax rate for adult-use products at 14 percent, medical at 4 percent, with industrial hemp liable for the state’s general sales tax.
The bill has been subject to amending with each stop at a committee. On Tuesday, the CPC Committee Chair added a provision directing cannabis businesses to enter into a labor peace agreement with a legitimate labor union.
Despite the amendments, there has been consistent opposition to the bill from law enforcement, current representatives, and even a former state politician who testified during the hearing.
“I believe that legalizing cannabis is really going to harm our state,” said former Governor Linda Lingle (2002-2020) in response to a question from Rep Cedric Gates about the tax windfall the state is expected to see following legalization. “It’s going to harm the people, and it’s really going to harm our communities. There is no monetary justification for bringing about all these ill-health effects…I just think it’s very harmful to us long-term.”
When it came time to vote, there were a few committee holdouts. “I think there are portions of this bill that may be important in terms of regulatory process, but I don’t think the state of Hawaii is ready for the legalization of cannabis at this point,” said Rep. Richard Onishi. “I think it has a lot of potential for harm, and the amount of funding that people think will come in will not be realized. Hawaii is very different from the other states in terms of how we operate, and the focus we are trying to create in Hawaii. And I have a hard time thinking this will help Hawaii and our residents, so I’m voting no.”
Rep. Elijah Pierick explained that he had canvassed his constituents and the tally had been 60/40 in opposition to the bill, mostly out of concern that it would increase crime. But he also opposed the bill on mental health grounds. “I want my constituents to be the best they can be, and all of us to be the best we can be, and I don’t believe that impairing their cognition with recreational marijuana is good, so I am voting no,” he said. “My hope is that this bill doesn’t become law.”
Rep. Mark Hashem also voted no, without comment.
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