Hawaii: Chambers Advance Legislation Regulating Adult-use Marijuana Market, Expunging Past Convictions

Hawaii cannabis

Hawaii lawmakers have advanced several marijuana-related bills out of their chambers of origin.

Senate members approved SB 3335, which establishes regulations governing the use, sale, and home cultivation of marijuana for adults. Members voted 19 to 6 to send the legislation to the House, where it has historically met resistance.

Prior to the vote, members approved some amendments to the bill to address various concerns raised by advocates. However, the legislation continues to include provisions that reformers oppose, including the imposition of unscientific THC/blood limits for drivers, as well as increased criminal penalties for minors who possess any quantity of cannabis.

Senators also approved separate legislation, SB 2487, which reduces penalties involving the possession of marijuana (up to 15 grams) to a fine-only ($130) non-criminal offense. (A similar bill in the House, HB 1596, which reduces penalties involving cannabis possession up to one ounce and/or marijuana-related paraphernalia to a $25 fine, also continues to advance in its respective chamber.)

In the House, members approved HB 1595, which facilitates state-initiated expungements for those with misdemeanor marijuana convictions. (Under existing law, only those convicted of possessing three grams of cannabis or less are eligible for expungement relief; moreover, those eligible must petition the courts themselves in order to have their conviction vacated.)

If enacted, state officials estimate that over 30,000 individuals will be eligible to have their convictions expunged.

NORML’s Deputy Director Paul Armentano previously provided testimony to lawmakers in support of HB 1595. He testified: “The state’s existing expungement law places the burden on those with previous convictions to petition the courts for legal relief. But, as we have learned from other states’ experiences, many people are either unaware of their own criminal record status or are unable to navigate the legal process on their own. Some cannot afford to pay the fees necessary to hire legal representation to assist them in this process. Others remain unaware that such a process exists at all. As a result, the law is underutilized by those who could otherwise benefit from it.”

Additional information of pending marijuana legislation is available from NORML’s Take Action Center.