At least three new bills relating to adult use of recreational cannabis have been introduced in the state Legislature.
Senate Bill 2487, introduced by Sen. Joy San Buenaventura, a Puna Democrat, would repeal criminal penalties for possession of 1 ounce or less of marijuana, if passed.
The bill would downgrade third-degree promotion of a detrimental drug — simple possession of an ounce or less — from a petty misdemeanor punishable by up to 30 days in jail to a violation subject to a fine, the amount of which isn’t yet specified in the bill.
In 2020, then-Gov. David Ige allowed a decriminalization bill for 3 grams or less of marijuana to become law without his signature. Violators busted with 3 grams or less of pot face a $130 fine and no incarceration.
Signing on to the measure as co-sponsors are Sens. Stanley Chang and Chris Lee, both Oahu Democrats.
The bill has been referred to the Senate Judiciary Committee, but hasn’t been scheduled for a hearing.
While efforts to legalize the adult recreational use of cannabis have been anticipated for this legislative session — the Office of Attorney General helped draft prospective legislation — the one bill currently introduced proposing legalization of use by those 21 or older would do so via a constitutional amendment.
House Bill 2037, introduced by Rep. Gene Ward, an Oahu Republican, said the Legislature “finds that the legalization of recreational cannabis is a contentious issue that the people of this state should have the opportunity to democratically decide.”
Ward’s measure, if adopted, would add the ballot question: “Shall the state Constitution be amended to allow individuals who are at least 21 years of age to possess and use cannabis and to authorize the … Legislature to enact legislation to regulate the possession, distribution, use and taxation of cannabis?”
The bill notes that 24 states have legalized adult recreational use of cannabis, and 12 have presented the issue to voters as a ballot initiative.
Co-sponsors of the bill are Oahu Reps. Diamond Garcia, a Republican, and Natalia Hussey-Burdick, a Democrat.
The first hurdle for the bill would be a joint session of the Judiciary and Hawaiian Affairs and Agriculture committees, but no hearing has been scheduled.
And SB 2689, introduced by Sen. Karl Rhoads, an Oahu Democrat, would create a state-initiated process to expunge records of arrests and convictions for possession of amounts of marijuana that have since been decriminalized. It also would require the Hawaii Criminal Justice Data Center to submit biannual reports to the Legislature until all eligible records are expunged.
The measure notes possession of 3 grams or less of marijuana already has been decriminalized. It asserts, despite the decriminalization, “some persons still have prior arrest records or conviction records for related charges that affect their employment and housing options.”
The bill acknowledges Hawaii allows expungement of criminal records under certain circumstances, but notes the process “generally require(s) an eligible person to navigate the court system and to pay court fees.” It also notes at least 20 states now have “state-initiated processes to expunge certain criminal records at no cost to the record holder to ease the logistical and financial barriers to receiving an expungement” — which the legislation, if enacted, would require the state to do.
Legislators who have signed on as co-sponsors are San Buenaventura, Chang and Sen. Jarrett Keohokalole, an Oahu Democrat.
The bill hasn’t yet received a hearing, but its first referral is the Judiciary Committee, which Rhoads chairs.
Email John Burnett at jburnett@hawaiitribune-herald.com.
