February 6, 2025
After a nearly three-hour hearing, members of the House committees on Judiciary & Hawaiian Affairs and Agriculture & Food Systems voted Tuesday afternoon to recommend passage of a bill to legalize adult recreational marijuana use.
The committees’ recommendations for approval came over the objections of Hawaiʻi’s law enforcement community and other groups, but with amendments to provide public safety, especially to protect against people driving under the influence of cannabis.
House Judiciary & Hawaiian Affairs Chair David Tarnas incorporated numerous amendments into the bill, including recommendations from the departments of Budget and Finance; Taxation; Health; Attorney General; and Human Resource Development. He included recommendations from the Hawaiʻi Alliance of Cannabis Reform.
The bill includes a flawed effective date to allow more work on it, including the specific amount of appropriations and time periods to launch legalization.
The Judiciary & Hawaiian Affairs Committee, chaired by Tarnas and vice chaired by Rep. Mahina Poepoe, voted 6-4 in favor of passage. Committee members voting in favor were Tarnas and Poepoe, and Reps. Della Au Belatti, Kirstin Kahaloa and Chris Todd, with Rep. Amy Perruso voting “aye,” with reservations. Casting dissenting votes were Reps. Mark Hashem, Gregg Takayama, Diamond Garcia and Garner Shimizu. West Maui Rep. Elle Cochran was excused.
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Those voting “no” cited testimony opposed to legalization from law enforcement, the Health Department, prosecuting attorneys, the faith-based community, construction and the farm industry. Some pointed to adverse personal experiences with marijuana use in their families.
The Committee on Agriculture & Food Systems, chaired by Rep. Kirstin Kahaloa and vice chaired by Rep. Matthias Kusch, voted unanimously 5-0 to recommend approving the measure. Also voting in favor were Reps. Nicole Lowen and Sean Quinlan, and Rep. Perruso voting in support but with reservations. Rep. Gene Ward was excused.
The bill has also been referred to the Finance and Consumer Protection & Commerce committees for additional scrutiny.
If enacted into law, House Bill 1246 would establish the Hawaiʻi Cannabis and Hemp Office within the state Department of Commerce and Consumer Affairs, and the office would regulate all aspects of the cannabis plant.
In preliminary remarks before making his recommendation in favor of passing an amended bill, Tarnas highlighted a few points. He said the Cannabis and Hemp Office would need to hire a contractor to develop and implement a comprehensive public and health education program, “at the very beginning, before it all starts to roll out, before the first sales of legal cannabis.”
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The campaign will focus on the dangers of cannabis by those under 21 years old and the risks of driving impaired under the influence of cannabis, “so that those and especially for adults who are also vulnerable, that they know what the risks are, so they can make informed choices,” Tarnas said.
The bill also provides funding for new staff and resources for the Department of the Attorney General to increase its capacity to address nuisance abatement and money laundering, he said.
The bill requires mandatory substance abuse treatment for those under 21 found driving while under the influence of cannabis, Tarnas said.
Tax revenue will be available for the Attorney General and county law enforcement agencies to spend on resources and training for drug recognition experts to enhance their ability to combat all substances that impair driving, he said.
Committee on Agriculture & Food Systems Chair Kahaloa noted that the Department of Agriculture asked to be exempted from the bill and give all authority for the transportation of cannabis plant material to the new Cannabis and Hemp Office.
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However, Kahaloa noted that “biosecurity is extremely important in the state of Hawaiʻi, and recommended, instead, that the Department of Agriculture work with the new office to create rules related to biosecurity and the movement of cannabis between islands as a plant material.
In public testimony on the measure, the committees heard a mix of arguments for and against legalization of marijuana.
Retired state Sen. Will Espero said it’s time to enact House Bill 1246 legalize marijuana in Hawaiʻi, again.
“It may not be the perfect bill for everyone, but it is a great starting point until the end of session to work out the details,” Espero said. “Cannabis was once legal in the United States. In the 1800s, cannabis was a common medicine used by many.”
“Fake news blamed Mexicans, Blacks and Filipinos for using marihuana and threatening white America. Racism was common in the rhetoric against cannabis,” he said. “So now we are coming full circle. House Bill 1246 is about righting a wrong that 24 states have already supported with almost 40 states approving medical cannabis.”
However, Espero said it is necessary to protect Hawaiʻi’s youth with oversight and protection.
“Alcohol and cigarettes are more dangerous than cannabis, and if you are not working to ban these substances or products, cannabis must be legalized for those adults who choose to use it,” he said.
Daryl Yamada was adamantly opposed, saying that legalization of recreational marijuana “will open the door to a negative influence that will impact future generations.”
“Statistics prove that states that legalized marijuana show a dramatic increase in crime and mental illness especially in our keiki,” Yamada said. “We must protect our children and our islands from this deadly influence. Please do not pass this harmful legislation.”
The bill itself argues that states that have legalized marijuana have seen “substantial benefits,” including generation of tax revenue, including use and licensing fees and general excise/sales taxes.
Aside from legalizing adult use of marijuana, House Bill 1246 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.
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