Bill to legalize marijuana for recreational adult use set for public hearing

A bill to legalize adult recreational marijuana use beginning Jan. 1, 2026, will be heard at 2 p.m. today by the House committees on Judiciary & Hawaiian Affairs and Agriculture & Food Systems.

Aside from legalizing cannabis for personal adult use, House Bill 1246 would establish the Hawaiʻi Cannabis and Hemp Office within the state Department of Commerce and Consumer Affairs. The office would regulate all aspects of the cannabis plant.

The bill notes that an increasing number of states have legalized and initiated the regulation and taxation of the cultivation, processing and sale of non-medical use cannabis to adults aged 21 years and older.

“Many states have witnessed substantial benefits from the revenue generated through taxes, including use and licensing fees, as well as general excise and sales taxes on the non-medical adult-use cannabis industry,” the bill says.

The measure refers to the Department of Health Office of Medical Cannabis Control and Regulation convened a task force to explore the development of a dual system for cannabis legalization. It issued findings and recommendations.

Following the task force’s report, “the Legislature finds that the legalization of cannabis for personal use is a natural, logical and reasonable outgrowth of the current science of and attitude toward cannabis.”

And, the finding says: “Cannabis cultivation and sales hold the potential for economic development, increased tax revenues and reduction in crime. Consequently, the Legislature is prepared to move forward with the legalization of non-medical adult use of cannabis.”

House Bill 1246 also establishes taxes on the retail sale of adult-use cannabis and the sale of medical cannabis. It would add new traffic offenses relating to the consumption or possession of marijuana or marijuana concentrate, and it would make conforming amendments related to the legalization of personal adult use of cannabis. 

The bill would decriminalize certain drug offenses related to marijuana and marijuana concentrate. It would transfer the personnel and assets of the Department of Health and assets of the Department of Agriculture relating to cannabis to the Hawaii Cannabis and Hemp Office.

In extensive submissions of written public testimony, the Department of the Attorney General asks lawmakers to pass the bill with amendments, including that funds be appropriated for the “timely implementation of a substantial regulatory program and for law enforcement, nuisance abatement, and a public-education campaign prior to legalization, among other things.”

The Maui County Department of the Prosecuting Attorney submitted testimony opposed to the measure.

“Hawai’i has a significant lack of support services for both mental health and substance abuse issues,” the department said. “Legalization of non-medical cannabis use will not fix that problem, even if funds are allocated from cannabis sale taxation, and will in fact make it worse by making an existing intoxicant not only widely available, but heavily advertised. Furthermore, our county has spent decades trying to reduce the tragic consequences of crimes like DUI and drug-related violence and property crimes. Legalizing a psychoactive substance like cannabis for recreational use, even with built-in provisions addressing cannabis-related offenses, nullifies that work.”

The Hawaii Family Forum expressed concerns with the bill, especially the potential of exposing people, especially children, to highly potent marijuana and to substances that impair judgment and motor function.

“We firmly believe that legalizing recreational marijuana is a serious and dangerous policy shift that will negatively impact our community,” the forum said.

Karen O’Keefe, director of state policies for the nonprofit Marijuana Policy Project, said 24 other states have already legalized marijuana for adults 21 years old and older.

She said that 19% of Hawai’i adults admit having used cannabis in the past year and that 2.6% are registered patients.

“Adults should not be punished for using a substance that is safer than alcohol,” O’Keefe said, adding that the bill prohibits impaired driving, consuming cannabis while driving and public smoking.

“It would put in place public health and consumer protection regulations to enhance safety,” she said. “And it can conservatively be expected to generate more than $50 million in new tax revenue per year once the market is mature, which it invests in public education, public safety, and youth development.”

Many people, including voters, believe marijuana should be legal as an “over-the-counter medicine for pain, anxiety and insomnia,” she said.

To see the committee agenda, click here. Written public testimony can be submitted here, and a live-stream online video will be available on YouTube here.

The House Committee on Judiciary & Hawaiian Affairs is chaired by Rep. David Tarnas, and vice chaired by Rep. Mahina Poepoe of Molokaʻi. Aside from Poepoe, the only Maui County lawmaker on the panel is Rep. Elle Cochran of West Maui.

The House Committee on Agriculture & Food Systems is chaired by Kirstin Kahala and vice chaired by Rep. Matthias Kusch. There are no Maui County legislators on the committee.