Hawaii Attorney General Will Not Oppose Cannabis Legalization But Only If Certain Issues Are Respected

Hawaii’s Attorney General Anne Lopez (D) issued a formal report on Friday to legislators highlighting the department's legal concerns around marijuana legalization. In addition to a 38-page report, Lopez submitted a revised 316-page draft bill to legalize marijuana entitled “Relating to Cannabis.” 

The Attorney General also made it clear that her department does not back cannabis reform. 

"The Department of the Attorney General does not support the legalization of adult-use cannabis," stated Lopez. "We acknowledge that with changing public perception in recent years, the odds that the Legislature may pass legislation legalizing adult-use cannabis have increased substantially. Given that the Legislature could theoretically pass a bill as early as this year, it is my department's duty to warn the Legislature of the risks, while simultaneously providing a framework that includes robust public-safety and public-health safeguards."

The news comes some six weeks after Lopez released a comprehensive plan to overcome difficulties that have been preventing the legalization of recreational cannabis use. In the plan, she focused on prioritizing medical marijuana dispensaries. The 294-page long proposal looked to the Massachusetts model.

Even though the department does not support legalization, it made it clear in the report that it "will not oppose the passage of a bill, and will remain neutral on the question its passage, so long as the bill contains the key elements identified in this section and does not include provisions antithetical to these elements, as it may be amended through the legislative process."

See also: Nearly 90% Of Hawaiians Support Recreational Marijuana Legalization, Even More Than For Medical-Only Policies

Revised Bill Key Takeaways 

The new report and revised draft bill were prepared and submitted to Senator Joy A. San Buenaventura, chair of the Senate Committee on Health and Human Services, Senator Jarrett Keohokalole, chair of the Senate Committee on Commerce and Consumer Protection; and representative David A. Tarnas, chair of the House Committee on Judiciary and Hawaiian Affairs.

The structure of the draft bill relies on six "pillars" created to address issues related to the transition to a legal recreational cannabis market. Those pillars Include: 

• The enacting of the Hawaiʻi Cannabis Law;

• The creation of an independent body—the Hawaiʻi Cannabis Authority;

• The continuing role of law enforcement agencies in addressing illegal cannabis operations;

• A vibrant, well-funded social equity program to be implemented by the Authority;

• A delayed effective date of 18 months for the legalization of adult-use cannabis;

• The implementation of extensive, well-funded public health protections, including public education campaigns about the new laws and the continuing risks to public health—especially to children;

• The report further provides guidance to the Legislature regarding amendments that would be considered unacceptable to the department.

"The draft bill is not ‘the Department of the Attorney General's cannabis bill," Lopez continued. "The draft bill was prepared to give the Legislature a legislative option to consider—a draft with public safety and public health protections embedded into its structure. Should the Legislature decide to legalize adult-use cannabis, the draft bill represents our best judgment about how to promote a legal market, minimize risks of societal harm, mitigate damage that does come to pass, avoid liability, and provide workable tools and substantial resources for law enforcement and public-health officials to promote the public welfare."

Related Link: Aloha To Cannabis Air Delivery, Hawaii Takes Off, Minnesota’s $1.5M Tax Bonanza And More

Photo: Benzinga edit with images by Troy Squillac via Pexels and Nicole Pineda from Pixabay