Hawai'i Senate Approves Cannabis Legalization Bill Allowing Home Grow, Tax Structure & More

The Hawai’i State Senate passed a bill Tuesday that would legalize and regulate cannabis for adults, with a focus on public safety. The legislation is now heading to the Hawai'i House of Representatives.

Before reaching the Senate floor, SB 3335 SD2, was approved by four committees, which added several amendments that include preventing the removal of children from their homes if parents consume marijuana, preventing the denial of state benefits and entitlements, etc. Expungements or clearing of criminal records related to arrests and penalties for marijuana possession are included in the measure. 

"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," stated Nikos Leverenz, 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. It will also be important for reform advocates to engage skeptical members of the House, including many freshman lawmakers, who have placed far too much currency in the monotonous, less than fact-based rhetoric from the criminal legal lobby."

The Bill Highlights

The version of the bill that was approved includes the following proposals:

• Establishes the Hawaiʻi Hemp and Cannabis Authority and Hemp and Cannabis Control Board within the Department of Commerce and Consumer Affairs to regulate all aspects of the cannabis plant.
• Establishes the Hemp and Cannabis Control Implementation Advisory Committee.
• Legalized the personal adult use of marijuana, starting Jan. 1, 2026, allowing for additional future amendments and considerations.
• Establishes taxes for adult-use cannabis and medical-use cannabis sales, but also entitles licensed cannabis businesses to state-level tax relief, which they are not allowed at the federal level due to the IRS tax code, 280E.
• Hole cultivation will also be legal under the law, allowing adults to cultivate up to six plants.

The Senate also approved another marijuana-related bill – SB 2487, which aims to decriminalize the plant. Under the proposed measure, possession of more than 15 grams of cannabis would be treated as a third-degree violation, and possession of more than 30 grams would be considered a second-degree violation.

A recent Hawai’i Perspectives poll found that 58% of Hawai'i residents are in favor of "legalizing marijuana to allow possession, manufacture, and sale of marijuana by and to adults, under state licensing, regulation, and taxation."

"Hawai'i is behind the times on cannabis policy reform, but 2024 could be the year that finally changes," Karen O'Keefe, director of state policies for the Marijuana Policy Project said in a statement. "Right now, Hawai'i lawmakers have the opportunity to not only pass legalization and regulation but also to work to improve the bill to ensure it is rooted in justice and equity, not an excessively punitive approach. Cannabis legalization is an essential criminal justice reform, and Hawai'i lawmakers should treat it as such by focusing far more on education, reinvesting in communities, reparative justice, and building an equitable and inclusive industry."

See Also: Hawaii Senators Approve Cannabis Legalization Bill Despite Internal Opposition To Governor’s Pro-Reform Stance

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