The talk about cannabis laws in Hawaii is really heating up as the Hawaiian islands are stirring things up in attempts to legalize marijuana once more. Senate Bill 3335 (SB 3335), carefully put together by the state’s own Attorney General after lots of planning and revisions, has sparked a bunch of discussions and raised some eyebrows in the cannabis community.
After passing through two Senate committees last Friday with amendments, the bill passed the Hawaii State Senate on Tuesday and is now set to head to the House of Representatives. If passed there, it will go to the Governor Josh Green desk for signing.
For quite some time, talking about cannabis in Hawaii has gone beyond just changing regulations. It’s a chat about culture, identity, and the shared spirit of the island communities.
The journey to legalization has been winding and ever-changing, influenced by the opinions of residents, legislators, and industry players. But now, as Hawaii stands on the edge of this major change, the details of SB 3335 deserve a closer look.
Unpacking Some Key Provisions of Hawaii SB 3335
Drafted under the guidance of Hawaii’s Attorney General Anne Lopez and Senate sponsor, Sen. Jarrett Keohokalole (D), SB 3335 paints a future where adult-use marijuana becomes fully regulated by the newly amended cannabis regulation called Hawaii Hemp and Cannabis Authority (was previously known as the Hawaii Cannabis Authority).
SB 3335 passed the Senate Ways and Means and Commerce and Consumer Protection committees last Friday, and could make it to the Senate floor this week.
The rules are like a complex puzzle of what’s allowed and what’s not, showing a big change in how the state deals with cannabis in its legal system.
However, a number of specific provisions within SB 3335 have captured both praise and criticism, highlighting the delicate balance of responsibility and liberty that this legislation seeks to strike.
Personal Possession and Cultivation
Come January 1, 2026, adults over the age of 21 will be legally permitted to possess up to one ounce of cannabis and five grams of concentrates. The bill also grants the right to cultivate up to six plants at home, which marks a stark departure from Hawaii’s current stance.
Taxation and Revenue Allocation
The bill proposes a 14% retail tax on adult-use cannabis and 4% for medical use, with the earmarking of tax revenue designed to serve the synergetic needs of regulation, equity, public health, and public safety. The allocation of funds is a strategic means to finance the varied components of the legalized cannabis ecosystem.
Establishment of a Governing Board
The Hawaii Hemp and Cannabis Authority is proposed to oversee the licensing and regulation of adult-use cannabis businesses. This dedicated body, under the governance of the Cannabis Control Board, would operate with a five-member appointed board. An executive director with expertise in public health or cannabis regulation would head the board.
Imposition of New Penalties and Limitations
The bill introduces a range of penalties that have not been uniformly embraced. The criminalization for acts such as driving with a certain amount of THC in the system, which is now set at ten nanograms of THC per milliliter of blood per new amendments, possessing cannabis in public areas, and the stringent packaging requirements have been met with skepticism.
Some argue that the proposed penalties could inadvertently trap individuals who are otherwise compliant with the law in a web of unintended legal consequences.
The bill’s full text with the most recent amendments can be found here.
The Voice of Dissent and the Call for Equity
Critics of the bill, such as NORML and the Marijuana Policy Project, have pointed out differences between SB 3335 and the shared vision for cannabis reform. The lack of automatic expungement for past cannabis convictions and a focus on punitive actions, especially towards minors, go against the essence of legalization.
Karen O’Keefe, director of state policies for Marijuana Policy Project, said the bills “might actually do more harm than good to the cause of cannabis justice” if they are approved in their current form.
“Legalization should mean fewer cannabis arrests, not more,” O’Keefe told Marijuana Moment, arguing that the policy change “should include the clearing of criminal records for cannabis and reinvestment in hard hit communities. Instead, these bills ramp up cannabis-specific law enforcement and impose jail time for innocuous behavior that harms no one, including driving long after impairment wears off and having a previously opened jar of edibles in the passenger area of a car.”
You can find a full summary of SB 3335 provided by MPP here. (this summary was made before recent amendments put in place Friday)
The story of cannabis legalization in Hawaii is ongoing. SB 3335 marks progress towards a new legal framework, but it’s a work in progress. The road ahead involves refining policies and reflecting on society. People on both sides believe the true impact lies in passing the law and aligning it with equity and justice values.
Hawaii is on the brink of change regarding marijuana, looking to influence societal views and policies. The bills under examination represent a larger story of social change and policy adjustment. Hawaii’s journey with cannabis legalization is intricate, balancing societal needs and goals.
