Penalty for juvenile offenders remains in pakalolo measure

State House Judiciary Chairman Karl Rhoads said Wednesday a marijuana decriminalization bill would toughen penalties for juvenile users.

Rhoads said Honolulu police incorrectly described the latest version of Senate Bill 472 as removing all penalties for juveniles who use small amounts of marijuana. The Judiciary Committee in a decision-making session last week retained the current law’s provision that makes possession of up to 20 grams of marijuana a petty misdemeanor for minors.

A police spokeswoman said officers did not attend the decision-making session.

“We also added a provision that suspends a minor’s driver’s license for a year if they are convicted of possession of any amount of pakalolo,” said Rhoads (D, Chinatown-Iwilei-Kalihi).

Rhoads said the Judiciary Committee last week rejected a draft of the bill that Maj. Jerry Inouye, head of HPD’s Narcotics and Vice Division, referred to in an interview with the Star-Advertiser when Inouye said, “There are no provisions for penalties for juveniles under the age of 18.”

Rhoads said, “On the contrary, we strengthened the penalties for minors. Research shows that the detrimental effects of pakalolo are much more significant for those whose brains are still developing.”

Rhoads added that “it was never my intention to take minors off the hook.”

Rhoads said House lawmakers decided to maintain possession of marijuana as a criminal offense for minors and make it a civil offense for adults.

The committee last week approved for a House floor vote SB 472, which would reduce the penalties for possessing 20 grams of marijuana, which is less than an ounce. Rhoads’ committee would treat the offense as a citation, resulting in a fine of $100. Currently, possession of up to an ounce of marijuana is a petty misdemeanor, punishable by up to 30 days in jail and a $1,000 fine.

Rhoads said he expects a vote by the full House sometime next week.

The police spokeswoman said police are withholding comment until they are able to see the bill’s latest draft. In previous hearings, police and other law enforcement agencies have opposed decriminalization of marijuana.