Around this time last month, Hawaii lawmakers and advocates were preparing for a possible shift to an adult-use cannabis market after the Senate overwhelmingly approved a bill that would legalize and regulate recreational cannabis. 

However, a key Hawaii House committee chair announced Tuesday that his panel would not hear the measure ahead of the legislative deadline next this week, effectively killing the bill for 2024.

Hawaii remains the oldest medical-only cannabis market in the U.S., as the state legalized medical cannabis back in 2000.

Another Year Without Adult-Use Reform for Hawaii

The Hawaiian Senate approved the bill, SB 3335, in a 19-6 vote on March 5 where it eventually hit the floor of a lower House chamber for consideration and narrowly advanced in a 25-23 vote last month. 

From there, the legislation headed to the Hawaii House Finance Committee for consideration where House Finance Committee Chair Rep. Kyle Yamashita (D) ultimately shared that his panel would decline to hold a hearing on the legislation.

He recognized that this was the furthest progression for adult-use cannabis legislation while calling the path to legalization a “deeply divisive issue” in a statement.

“Due to numerous concerns regarding the implementation of the bill, the House has decided against further deliberation in the House Finance Committee,” Yamashita said. “This decision is strengthened by the prevailing ‘no’ votes from committee members expressed on the House floor.”

Yamashita continues, citing the “abnormally fiscally challenging year” and that the committee needs to prioritize other expenses, like the recovery of local communities following last year’s wildfires in Lahaina and Upcountry Maui, as the full cost of implementing adult-use cannabis legalization “is unknown.”

“As lawmakers, it would be remiss of us not to allocate funding to safeguard critical government services, including education, infrastructure, roads, and other essential services for Hawaiʻi’s residents and kūpuna, especially during a period of fiscal uncertainty,” Yamashita’s statement concludes. “We recognize that now is not the opportune time for its implementation, as we navigate the challenges of managing the largest wildfire recovery efforts in Hawaiʻi’s history.”

A Tabled Legalization Plan Not Without Its Flaws

The bill was primarily based upon Hawaii Attorney General Anne Lopez’s legalization plan released in November 2023 and would have allowed adults over the age of 21 to possess up to an ounce of cannabis and five grams of concentrates while establishing a recreational cannabis sales framework.

The proposal would have enforced a 14% excise tax on recreational cannabis products and a 4% tax rate on the medical cannabis market. It also included home cultivation provisions and would have allowed residents to grow a maximum of six plants and possess up to 10 ounces of home-grown flower. 

Additionally, the original bill would have automatically expunged tens of thousands of arrest and conviction records for low-level cannabis convictions in the state, though that measure was later amended and limited to a single-county pilot program.

Advocates criticized the bill for its creation of additional law enforcement protocols. It included provisions to impose THC blood limits for drivers (despite the practical issues with THC metabolites remaining in the body days or even weeks after consumption) and would have created a cannabis enforcement unit within the Department of Law Enforcement, along with eight positions in a drug nuisance abatement unit in the AG’s office. 

The legislation also included a provision subjecting those found with loose cannabis, an open package for a cannabis product or a cannabis pipe in a car to up to 30 days in jail.

Hawaii’s Ample Support for Reform and Looking Ahead to Next Session

The issue of adult-use cannabis legalization has been divisive among lawmakers in the state House and Senate, but a majority of Hawaii residents appear to support the move according to a recent poll finding that 58% of adult residents in the state are in favor.

Even before the Hawaii House Finance Committee made its call, it was already evident that clearing the House was the main hurdle for the legislation. 

Gov. Josh Green has already indicated that he would likely sign an adult-use cannabis legalization bill should it hit his desk.

“I don’t think the sky would fall, honestly, if marijuana were legalized,” Green said recently in an appearance on Hawaii News Now. “I also have some thoughts that marijuana might blunt the effect, if you will, of people on these heavy drugs, these horrible drugs.”

It’s a bit of déjà vu for advocates, as the Senate also passed an adult-use cannabis legalization bill last year only for it to stall in the House.

House Speaker Scott K. Saiki (D) cited the “overwhelming testimony and serious concerns” from Hawaii’s law enforcement industry and that lawmakers need more time to consider the impact legalization will have on children, the economy and “overall well-being.”

However, the bill’s House sponsor, Rep. David Tarnas (D), is already looking ahead and plans to introduce a revised bill next session, according to Marijuana Moment.

“During the interim, I look forward to working with the Attorney General’s office to improve the language of the bill to address issues brought up during the House debate on this bill,” Tarnas told the publication in an email. 

He also cited his plans to collect factual information about those public safety and health concerns, including those suggesting that legalization could increase youth use and fatal car crashes (though even Tarnas cited the abundant research affirming that recreational cannabis legalization does not increase youth use or car crashes).

“We have lots of work to do on this important matter,” he said.

Advocacy group Marijuana Policy Project’s Karen O’Keefe, director of state policies, told Marijuana Moment that this move will “condemn hundreds of Hawai’i residents to traumatic police encounters” while missing the opportunity for millions in additional tax revenue.

“While this is a setback, this was also the furthest legalization has ever got in Hawai’i,” O’Keefe said. “Advocates are not giving up until we get legalization past the finish line.”

Hawaii lawmakers are pressing ahead with an updated cannabis legalization plan, and while the Aloha State could very well be one of the next to embrace adult-use reform, the original plan is already seeing some substantial shifts. Namely, it appears that the Senate is looking to significantly scale back some of the actions surrounding social equity.

The original measure, passed by the House last week, would have automatically expunged tens of thousands of arrest and conviction records for low-level cannabis convictions in the state. On Tuesday, a Hawaiian Senate panel has instead amended the proposal to a single-county pilot program, first reported by Marijuana Moment.

Limiting the Scope of Cannabis Expungements in Hawaii

Similar to the recreational legalization plan, which state lawmakers are separately working to advance, this move is based on plans from Hawaii Attorney General Anne Lopez. 

“Instead of the bill’s statewide automatic expungement program for arrests and convictions,” said Sen. Karl Rhodes (D), chair of the Senate Judiciary Committee. “I propose that we adopt the attorney general’s pilot program for state-initiated expungement of marijuana possession arrests.”

The measure would also only apply to criminal cases “terminated with a final disposition other than a conviction,” 

Back in November 2023, Lopez released her own legalization plan, which the most recent legislation passed by the Senate primarily pulls from. While many lawmakers have praised the new bill and the plan it’s based upon, advocates have expressed concern around the bill’s creation of additional law enforcement protocols.

Among other provisions, the legislation proposes a THC blood limit for drivers (even though THC metabolites can be detected in the body days or even weeks after consumption), the creation of a cannabis enforcement unit within the Department of Law Enforcement and adds eight positions in a drug nuisance abatement unit in the AG’s office.

Rhodes suggested that the pilot program could be located in Hawaii County, the states’ second most populous county, comprising the Big Island and hosting about 14% of the state’s total population.

According to bill sponsor Rep. David Tarnas (D), the original legislation would have made approximately 30,000 people eligible for expungements. Though, if the amendments from the AG’s office remain in place, HB 1595’s ultimate impact would be far smaller. 

Influence from the Attorney General’s Office

Lopez’s office issued a statement saying that, without these amendments, the department “reiterates its strong opposition to this bill.”

“Instead of the bill in its current form, the Department proposes a pilot project whereby certain individuals who have been arrested solely for marijuana possession…and whose arrest resulted in a non-conviction disposition, have the arrest expunged via a state-initiated process,” the department said in a statement.

It continues, arguing that limiting the expungement process to one county would keep the case load manageable using its existing resources and suggested an approximate 14-month duration for the program.

“Results of the pilot project could then be used to evaluate the project’s effectiveness, utility, and efficiency, and to allow the Data Center to make more informed recommendations for future efforts,” the department said.

Hawaii has already introduced cannabis decriminalization, in turn ushering in a record sealing process from the courts, though advocates attest that the process isn’t accessible and can be challenging to navigate. 

Mixed Reception as Hawaii Presses Forward With Potential Reform

The original bill would have automated the process, ensuring that the attorney general’s office “issue, without petition and on the department’s own initiative, an expungement order annulling, canceling, and rescinding all criminal records, including records of arrest and any records of conviction” for crimes of possessing up to three grams of cannabis. The process would have included records for civil violations, petty misdemeanor convictions, juvenile convictions, arrests and convictions, along with any pending charges.

The prior version would have also required the Hawaii Criminal Justice Data Center to identify all eligible cases within 30 days of the bill’s enactment, providing that information in biennial reports to the attorney general’s office, county prosecuting attorneys, county police departments and each state court. 

After receiving those lists, the attorney general’s office would have 60 days to issue expungement orders for the records under the previous version. Within one year of receiving those orders, the judiciary would finish the job.

Some advocates emphasized that the passing of an expungement process in the state was monumental despite the narrower scope.

“This is a huge step forward that will encourage Gov. Green to amplify relief for those with cannabis records through his clemency powers, something the Hawai’i legislature has already urged him to do,” said Frank Stiefel, senior policy associate for the Last Prisoner Project.

Others like Karen O’Keefe, director of state policies for Marijuana Policy Project, said that the changes “represent a severe blow to cannabis justice.”

“An economic life sentence is an outrageously disproportionate penalty for possessing a substance that most Hawaii residents—and the Hawai’i Senate—believe should be legal,” O’Keefe told Marijuana Moment. “Testimony at the House Judiciary Committee’s informational briefing made it clear Hawai’i can and should remove this stigma which derails so many lives.”

The changes to HB 1595 come fresh off the Senate’s passing of SB 3335, which would allow adults over the age of 21 to possess up to an ounce of cannabis and up to five grams of cannabis concentrates, along with establishing a recreational cannabis sales framework. 

That bill now heads to the state’s more conservative House for consideration, which has historically been resistant to adult-use cannabis policies.

Hawaiian lawmakers are pushing forward with their latest cannabis reform effort as the state Senate passed legislation that would legalize and regulate recreational cannabis on Tuesday.

In a 19-6 vote, the Hawaiian Senate approved Senate Bill 3335, which would allow adults over the age of 21 to possess up to an ounce of cannabis and up to five grams of cannabis concentrates, along with establishing a recreational cannabis sales framework. 

The proposal would also enforce a 14% excise tax on recreational cannabis products and a 4% tax rate on the medical cannabis market. Residents would be allowed to grow a maximum of six plants and possess up to 10 ounces of home-grown flower. Additionally, the bill would create a social equity program and establish the Hawaii Hemp and Cannabis Authority, overseen by the Hemp Cannabis Control Board, to regulate cannabis and hemp businesses.

Though the fight is far from over. 

An Uncertain Fate in the House and Outstanding Criticisms

The legislation now heads to Hawaii’s more conservative House for consideration, which has historically been resistant to adult-use cannabis policies. The last time the Hawaiian Senate passed an adult-use cannabis legalization bill in 2023, it ultimately stalled in the House, but advocates are hopeful this effort will make more progress.

This year’s bill, totaling more than 300 pages, was introduced in both chambers in January and is primarily based upon Hawaii Attorney General Anne Lopez’s legalization plan released in November 2023.

And while many lawmakers have praised the new bill and the plan it’s based upon, advocates have expressed concerns around the bill’s creation of additional law enforcement protocols.

The legislation includes provisions that impose THC blood limits for drivers, despite the fact that THC metabolites can be detected in the body days or even weeks after consumption. It also creates a cannabis enforcement unit within the Department of Law Enforcement and adds eight positions in a drug nuisance abatement unit in the AG’s office.

Advocates also highlighted another provision subjecting those found with loose cannabis, an open package for a cannabis product or a cannabis pipe in a car to up to 30 days in jail.

With these provisions in mind, a number of groups are pushing to make amendments to SB 3335.

Amendment Efforts Among Reform Advocates

Karen O’Keefe, director of state policies for the Marijuana Policy Project, said that lawmakers are being faced with an opportunity, not only to enact legalization and regulation but in a manner “rooted in justice and equity, not an excessively punitive approach.” 

Rather, O’Keefe said that lawmakers should see cannabis legalization as “essential criminal justice reform” and further emphasize education, reinvestment in communities, reparative justice and building a more equitable and inclusive industry.

The Hawai’i Alliance for Cannabis Reform (HACR) similarly recognized that the Senate’s approval of SB 3335 was a sign of progress while referencing their ongoing concerns and proposed amendments to the legislation. The group’s amendments include eliminating the THC limit for drivers and open container provisions in the bill, with others expanding upon the social equity specifics of the legislation.

“Although this is an imperfect bill that still contains far too many elements of criminalization, it’s welcome news to have a viable adult-use legalization bill that can be improved upon when it reaches the House,” said Nikos Leverenz, grants and advancement manager of the Drug Policy Forum of Hawai’i and the Hawai’i Health and Harm Reduction Center. “Drug Policy Forum of Hawaii and other members of the Hawaii Alliance for Cannabis Reform are hopeful that our proposed amendments will be considered by the House Judiciary and Hawaiian Affairs Committee.”

Continued Reform Efforts and Governor Support

Alongside the latest cannabis legalization bill, senators also approved a separate piece of legislation, SB 2487, which reduces penalties around possession of up to 15 grams of cannabis to a non-criminal offense. If passed, offenders would instead pay a $130 fine. 

A similar bill in the House, HB 1596, would reduce penalties of cannabis possession up to one ounce and/or cannabis-related paraphernalia to a $25 fine.

It seems that clearing the House is the main obstacle for recreational cannabis legalization in Hawaii, as Gov. Josh Green (D) indicated last month that he would likely sign such a bill if lawmakers sent him one. 

In an appearance on Hawaii News Now, Green referenced that Hawaii must still address the social issue of cannabis legalization, even signaling that access to adult-use cannabis could act as a harm reduction effort.

“I don’t think the sky would fall, honestly, if marijuana were legalized,” Green said. “I also have some thoughts that marijuana might blunt the effect, if you will, of people on these heavy drugs, these horrible drugs.”

While it’s still uncertain exactly where this road will go, Senate Democrats have made it clear that cannabis legalization is a priority. At the beginning of the year, the issue appeared on the Senate’s list of priorities for the 2024 legislative session under a section centering economic development and infrastructure.

“The Senate remains committed to diversifying and expanding Hawai‘i’s economy, as well as improving infrastructure throughout the State,” the section starts. It mentions “investing in emerging industries to diversify the economy” before explicitly referencing “legalizing adult-use recreational cannabis” at the very end of the section.

We’ll have to wait and see if the House feels the same this time around.

According to a new study by the Pacific Whale Foundation published in Marine Mammal Science, humpback whales have been studied extensively but documented instances of reproductive actions have been exceedingly rare. That is until some photographers – Lyle Krannichfeld and Brandi Romano – caught two male humpbacks engaging in sexual contact right below their boat 2 kilometers west of the Molokini crater off the coast of Maui on January 19, 2022. 

They sent their photos to scientists who recently confirmed in a peer-reviewed study that the photos were confirmed to be one of very few documented instances of humpback penis extrusion and the very first documented instance of homosexual interactions between humpbacks.

“The sighting occurred when individuals aboard a private stationary vessel, located approximately two km west of the Molokini crater, saw two humpback whales approaching their boat. One whale was visibly thin and covered in whale lice, displaying signs of poor health and drawing the attention of the photographers,” said the Pacific Whale Foundation on their website. “During the encounter, a second whale engaged in an unexpected behavior—repeatedly approaching the first whale, using its pectoral fins to hold the injured whale in place, and initiating shallow, brief penetrations.”

The whales in question reportedly circled the photographers’ boat for a while, giving them ample opportunity to take their NSFWW (not suitable for whale workplace) photos. Scientists with the Pacific Whale Foundation hypothesized that since one of the whales seemed to be having health issues, this may have contributed to the behavior for whatever reason.

“The two whales circled the boat numerous times, allowing Krannichfeld and Romano the opportunity to carefully document the event by holding their cameras over the side of the stationary vessel (note: it is illegal to swim with or approach humpback whales within 100 yards in Hawaii and the vessel remained in neutral as the whales approached),” the Pacific Whale Foundation said. “The health disparity between the two whales adds a layer of complexity to this unique observation. One whale’s poor condition, possibly caused by a ship strike, may have contributed to the observed behavior.”

The sexual encounter between the whales reportedly took place when one of the whales extruded its penis and penetrated the genital opening of the other whale. The penetrations lasted about two minutes at a time, according to the study, and lasted for about a half hour. When the encounter was over, the whale doing the penetrating took off right away (typical) and the sick whale hung out for a few minutes until swimming away as well.

“Upon reviewing the photographs, it was noticed that Whale A had a significant jaw injury, that likely impaired normal feeding behavior,” the study said. “It was also observed that Whale B had its penis extruded throughout the entire encounter and, at times, would penetrate the genital opening of Whale A, using its pectoral fins to hold Whale A.”

The study said that male humpback whale penis extrusions have been documented in the presence of other male humpbacks, but that this is the first time penetration has been documented. It has been previously theorized that the penis extrusions were acts of aggression towards the other males while competing for females during mating season.

Homosexual behavior is not particularly uncommon among members of the animal kingdom. It has been documented in dolphins, orcas, seals, walruses and several of my neighbors’ dogs. An entire book called Biological Exuberance: Animal Homosexuality and Natural Diversity was published about the topic in 1999.

“The world is, indeed, teeming with homosexual, bisexual, and transgendered creatures of every stripe and feather. From the Southeastern Blueberry Bee of the United States to more than 130 different bird species worldwide, the ‘birds and the bees,’ literally are queer,” the book said. “On every continent, animals of the same sex seek each other out and have probably been doing so for millions of years. They court each other, using intricate and beautiful mating dances that are the result of eons of evolution.”

A new bill was introduced in Hawaii last week on Jan. 24, which aims to establish a regulatory framework for therapeutic psilocybin if passed. However, in its current form, the bill would help protect patients who choose that form of medicine, rather than fully legalize psilocybin.

Senate Bill 3019 was introduced by Sen. Chris Lee on Jan. 24, and a companion bill, House Bill 2630, was introduced on Jan. 23 by 14 representatives. “…the purpose of this Act is to ensure that people who struggle with trauma and treatment-resistant mental health ailments are not penalized by the State for the use of psilocybin for therapeutic purposes when the patient’s licensed mental health professional provides a professional recommendation that the benefits of therapeutic use of psilocybin would likely outweigh the health risks for the qualifying patient,” the bill stated.

Additionally, should any psilocybin products or paraphernalia be seized by law enforcement and a defendant proves in court that they consume legally through the program, law enforcement would be forced to return the products. However, if any patient attempts to claim they use psilocybin for therapeutic purposes to avoid arrest, they will be charged $500.

According to SB 319, the benefits of the bill would be limited to those who have a high school diploma or equivalent degree, are currently 21 years or older, must be a resident in Hawaii, and would have to undergo a “psychedelic integration training program” that has been approved by the Office of Wellness and Resilience (OWR).

Once a person qualifies, they could potentially gain access to psilocybin treatment if they suffer from any of the following conditions: “post-traumatic stress disorder (PTSD), treatment-resistant depression or major depressive disorder, end-of-life anxiety, existential stress, and demoralization, anorexia, bulimia, and other eating disorders, addiction, obsessive compulsive disorder.” Additionally, other mental health conditions could also qualify for psilocybin if it’s approved by the Department of Health and requested by a licensed mental health professional.

Therapy sessions would be structured in three phases. First, the preparation session, which would allow the patient to meet with a facilitator. Second, the administration session, where the patient “purchases, consumes, and experiences the effects of psilocybin” while the facilitator supervises. Finally, an integration session would be held, which would allow the facilitator to offer care for the patient and inform them about peer support and other resources that could be beneficial to them.

The OWR announced in August that the Breakthrough Therapies Task Force held its first meeting on Aug. 29, 2023. Its role is to prepare how to implement therapeutic programs that include MDMA and psilocybin. Lee is one of the members, in addition to 10 others, who are members of the task force.

Hawaiian legislators’ approach to psilocybin treatment is much different than the way similar laws have been crafted in states such as Oregon and Colorado.

The first psilocybin treatment center to be licensed and to begin operating in Oregon, EPIC Healing Eugene, had thousands of people waitlisted just three months after it opened in June 2023. An end of year report stated that by the end of 2023, more than 700 people had experienced psilocybin at treatment centers across the state.

Colorado’s psychedelics bill was passed by voters in 2022 and signed by Gov. Jared Polis in May 2023. It removed criminal penalties for possession and consumption of substances such as psilocybin, ibogaine, mescaline, and DMT. These substances can also be shared (ibogaine is the only exception), but not sold, and it permits the home cultivation of mushrooms within a 12 x 12 foot space.

In November 2023, Hawaii Attorney General Anne Lopez announced a 294-page plan to legalize adult-use cannabis. The proposal included a 4.25% excise tax on adult-use products, plus a 10% tax on surcharge. It also included a way for illegal cultivators to enter the legal industry by providing grants through a social equity program. “The most important thing we can do is we can bring the people who have been growing and selling marijuana illegally into the legal market,” Lopez said.

Medical cannabis dispensaries that have already gone through the hurdles of licensing would be among the first to sell in a recreational market. “They’re already standing up, they’re already growing, they are already prepared to go to market,” Lopez explained.

Some legislators expressed their approval of Lopez’s proposal late last year, including House Judiciary Chair David Tarnas. “The attorney general has done a really good job pulling together all of the different input and providing a comprehensive bill,” Tarnas said. Sen. Jarrett Keohokalole called it “the best version to date. And part of it is the efforts to try and address a lot of the issues that came up along the way.”

Hawaii Attorney General Anne Lopez last week released a new plan to legalize adult-use cannabis that one lawmaker characterized as the state’s best effort so far. Under the plan, the state would allow for the production and sale of recreational cannabis while protecting the state’s existing industry for medical marijuana. 

Hawaii legalized medical marijuana in 2000, although the state did not license medicinal cannabis dispensaries until 2018. Earlier this year, the Hawaii Senate passed a bill to legalize recreational cannabis, but the bill failed to gain the support of the state House of Representatives.

State lawmakers who have seen the attorney general’s new proposal for adult-use cannabis legalization say that she has produced a comprehensive plan that addresses the shortcomings of previous efforts at marijuana policy reform.

“The attorney general has done a really good job pulling together all of the different input and providing a comprehensive bill,” said David Tarnas, the chair of the House Judiciary Committee, according to a report from Hawaii News Now.

The attorney general’s 294-page cannabis legalization proposal establishes a 4.25% excise tax on adult-use marijuana plus a 10% tax surcharge. Tax revenues would be directed to enhancing law enforcement resources and education programs to protect young people.

State Senator Jarrett Keohokalole, the chair of the Consumer Protection Committee, said that the plan is “the best version to date. And part of it is the efforts to try and address a lot of the issues that came up along the way.”

Proposal Modeled After Massachusetts’ Legalization Plan

Lopez’s plan is similar to Massachusetts’ marijuana legalization model and includes a social equity program to address the harms caused by years of cannabis prohibition. The social equity program, which includes grants and support programs for illegal growers to help them adapt to the regulated industry, is designed to help the current illicit industry have a chance to participate in the legal market. 

“The most important thing we can do is we can bring the people who have been growing and selling marijuana illegally into the legal market,” Lopez said.

The cannabis legalization plan establishes a 14-member law enforcement unit to help ensure compliance with the state’s cannabis legalization laws.

“It’s going to be a concerted investigative process to ensure that the law is followed,” Lopez said.

Under Lopez’s plan, the cannabis industry would be regulated by the Hawaii Cannabis Authority. The new agency would be tasked with enforcing regulations, establishing a lab testing program to ensure the safety of cannabis products and implementing social equity and health education programs.

To support medical cannabis patients and the existing medical marijuana industry, the 10% cannabis tax surcharge will not apply to medical marijuana purchases. Retail sales of adult-use cannabis will likely begin at medical dispensaries because they have already completed the state’s licensing process.

“They’re already standing up, they’re already growing, they are already prepared to go to market,” said Lopez. 

Under Lopez’s plan, retail sales of adult-use cannabis would begin 18 months after the proposal becomes law. Lawmakers said the delay is reasonable and necessary to effectively implement the program. Keaohokalole said that he hopes the plan can be introduced and approved during the upcoming legislative session, which begins in January. Tarnas, however, said he was not sure that timeline would be feasible because the legislature will be busy with issues related to responding to this year’s wildfires on Maui and state budget negotiations.

Hawaii lawmakers attempted to legalize adult-use cannabis earlier this year with a bill that was approved by the state Senate in March. Had it passed, Senate Bill 669 would have legalized marijuana for adults 21 and established a regulated market for licensed sales of adult-use cannabis. The state House of Representatives, however, declined to approve the legislation.

skip to Main Content