House reverses course on pot legalization bill

The Hawaiʻi State House of Representatives has returned to committee a bill aimed at legalizing recreational marijuana for adults aged 21 and older, a move likely to kill the measure this session in the House, disappointing advocates and sparking ongoing debate.

However, companion Senate Bill 1613 remains alive and is headed for a public hearing this week before two Senate committees.

House Bill 1246 House Draft 1 was initially recommended for passage by the House committees on Judiciary & Hawaiian Affairs and Agriculture & Food Systems on Feb. 4. It was returned to committee Feb. 6.

Judiciary Chair David Tarnas, of Kohala, Hawaiʻi Island, and a leading proponent of the bill, told Maui Now via email that he was disappointed by the House leadership decision to reverse course on the measure.

“I would have welcomed the opportunity to have a vote on the floor, but the House leadership decided to recommit the bill to committee,” Tarnas said. He emphasized the need for comprehensive cannabis policy reform in Hawaiʻi, saying that the current status quo is “not acceptable.”

Voting “no” on the House floor to recommit House Bill 1264 to committee were Reps. Terez Amato of South Maui; Elle Cochran of West Maui; Amy Perruso of Wahiawā; Kanani Souza of Kapolei-Makakilo; and Della Au Belatti and Kim Coco Iwamoto, both of urban Honolulu.

Moving forward on legalization in Hawaiʻi, Tarnas said he would work with House Speaker Nadine Nakamura and other committee chairs to develop legislation aimed at protecting public health and safety while addressing cannabis regulations.

“It is time we have a comprehensive policy to regulate all aspects of the cannabis industry in Hawaiʻi,” he said. “I am disappointed that we did not have sufficient votes yesterday to secure passage of HB1246 HD1 in the House. I would have welcomed the opportunity to have a vote on the floor, but the House leadership decided to recommit the bill to committee. So, I will defer to the House Speaker about the reasons for the recommittal.”

A Maui Now request for comment from Speaker Nakamura on Friday has gone unanswered. Similarly, a request for comments from Maui County’s House delegation has received no response from all six members as of this morning.

Political analyst Colin Moore, an author and associate professor in the University of Hawaiʻi School of Communication and Information, shared insights into the complexities surrounding marijuana legalization in Hawaiʻi. He noted that the state’s political culture, which leans towards moderate-to-conservative Democrats, often leads to a preference for baby steps rather than sweeping reforms.

“Major policy shifts rarely happen without broad consensus, and legalization has remained politically divisive,” Moore explained. Despite a winter 2023 Pacific Resource Partnership poll indicating that 58% of Hawaiʻi residents support marijuana legalization, the figure falls short of the national approval rate of 70%, according to a Gallup survey.

Moore also pointed to significant opposition from law enforcement agencies and concerns from the tourism industry as barriers to legalization.

“Nobody wants to be seen as soft on crime,” he said, referring to the apprehension among lawmakers regarding the potential implications of recreational marijuana on public safety and the state’s reputation as a family-friendly destination.

As lawmakers continue to grapple with the issue, there is speculation that 2025 could be a pivotal year for marijuana legalization in Hawaiʻi.

“Lawmakers don’t have to face an election in November, so they face less immediate political risk,” Moore said. However, he cautioned that the contentious nature of the debate was underscored by the narrow 6-4 vote in the House Judiciary Committee supporting the bill on Feb. 4.

The proposed legislation would establish the Hawaiʻi Cannabis and Hemp Office within the state’s Department of Commerce and Consumer Affairs. The office would be tasked with regulating all aspects of the cannabis industry. If passed, the bill would also implement taxes on the retail sale of adult-use and medical cannabis, along with decriminalizing certain marijuana-related offenses.

Amidst the mixed reactions from lawmakers and the public, former state Sen. Will Espero argued in favor of the bill in written testimony, saying that it represents a necessary step toward rectifying historical injustices related to cannabis prohibition.

“Cannabis was once legal in the United States. It is time to enact House Bill 1246 and protect our youth with proper oversight,” Espero said.

While the future of the legislation remains uncertain, companion measure, Senate Bill 1613, has been referred to the Health and Human Services; Judiciary; Commerce and Consumer Protection; and Ways and Means committees.

That bill has been scheduled for a public hearing this at 9:30 a.m. Thursday by the Senate Committee on Health and Human Services, chaired by Sen. Joy San Buenaventura of Puna, Hawaiʻi Island; and vice chaired by Sen. Henry Aquino; and the Judiciary Committee, chaired by Sen. Karl Rhoads and vice chaired by Sen. Mike Gabbard. Aquino, Rhoads and Gabbard are all Oʻahu lawmakers.

A copy of the hearing agenda is here. It has links for submitting written public testimony and for live-stream viewing on the Senate’s YouTube channel.

The issue of marijuana legalization is complex, especially in Hawaiʻi, Moore said. Instead of a simple, single explanation on the state’s handling of marijuana policy, there’s a combination of factors, he said.

In addition to those already mentioned, Hawaiʻi doesn’t have state ballot initiatives as a pathway for legalization, which is the case in states such as California and Oregon.

“That means legalization efforts must move through the state Legislature,” he said. “Legislative leadership in Hawai‘i is typically risk-averse and usually prefers incremental change over major reforms.”

And, although “Hawai‘i is a ‘blue state,’ it has long been dominated by moderate-to-conservative Democrats who are not always aligned with national progressive trends,” he said.

Also, Hawaiʻi’s law enforcement community and county mayors remain adamantly opposed to marijuana legalization, and “they’ve raised concerns about impaired driving, black-market activity, and regulatory enforcement, and these resonate with legislators,” he said.

From a visitor industry, public-relations perspective, “tourism leaders worry that recreational marijuana could alter Hawai‘i’s image as a high-end, family-friendly destination,” Moore said. “There’s particular concern about the reaction from Japanese visitors, which, is a critical segment of Hawai‘i’s tourism economy. Japan has strict anti-cannabis laws, and this raises fears that legalization could deter Japanese travelers or create complications for hotels and tour operators.”

The heavy lift for advocates of marijuana legalization is the state House, not the Senate where a bill to legalize recreational cannabis passed in 2024 but later stalled in the House.

Under Gov. Josh Green’s leadership, the state Department of the Attorney General produced a report and a 315-page draft bill that would be intended to minimize the risk of legal recreational use of cannabis and promote the public welfare “to the greatest extent possible, should the Legislature choose to legalize cannabis.”

The department said it had legal concerns and warned of “the significant risks to public safety and public health that could arise if the Legislature legalized adult-use cannabis.”

The Attorney General report and bill were sent to Tarnas, as House Judiciary chair; and to Senator Buenaventura, Health Committee chair; and Sen. Jarrett Keohokalole, chair of the Senate Committee on Commerce and Consumer Protection.

Feb. 28 is the deadline for the first decking of bills at the Legislature. This means that all bills must have had a committee public hearing and decision-making, move out of its last referred committee and be scheduled for third-reading vote.

From there, all bills that survive the winnowing process in the measure’s originating chamber (voted on three times and cleared all committees they’ve been referred to) then cross over to the other chamber and go through the process again.

First crossover is set for March 6.

For a detailed explanation of legislative processes, visit “A Bill’s Journey” here.

Medical use of cannabis in Hawaiʻi is allowed for patients with certain debilitating conditions, including severe pain or nausea, seizures, severe and persistent muscle spasms, cancer, glaucoma, lupus and others. The state Office of Medical Cannabis Control and Regulation oversees the program.

On Dec. 30, Green, a medical doctor, signed an executive order to protect caregivers who provide medical cannabis to qualified patients, from undue enforcement.

In a news release announcing the action, the Office of the Governor said that Green, as a physician, recognized that legal changes set to go into effect Jan. 1 (to not authorize caregivers to cultivate marijuana for qualifying patients) “could lead to negative health outcomes.”

“We have medical cannabis statutes to provide patients the relief each desperately needs as they navigate very serious health issues,” Green said. “We must protect the patients and their caregivers when the caregivers cultivate cannabis for a patient in a manner that fits squarely within the spirit of the medical-cannabis law.”

Two dozen states, the District of Columbia and three US territories allow recreational marijuana.

States that have already legalized marijuana have had varied experiences, including significant tax revenue and job creation (Colorado generated more than $2.87 billion in tax revenue since pot was legalized in 2014); an increased use of marijuana among adults and adolescents and some decrease in opioid-related deaths and hospitalizations; a reduction in marijuana-related arrests and reduced costs for the criminal justice system; and regulatory challenges ensuring public safety, including preventing underage use and managing the black market.