Since 2000, the state of Hawaii has had a medical-use-of-marijuana program to provide patients with chronic illness a safe and effective treatment option. As we progress through 2017 and in anticipation of opening dispensaries, it is now the appropriate time to remove the inconsistent treatment of cannabis as an illegal substance from Hawaii law.

It would seem the state Legislature agrees, as there are over 10 bills seeking to decriminalize marijuana; over 10 bills expanding the current dispensary program (even though dispensaries haven’t opened yet); over five bills trying to open the state in some way to industrial hemp; and several bills claiming portions of the tax revenue from still unopened dispensaries — all alongside two or three bills with a more “boogeyman” and much less science-based approach.

For example, House Bill 922 points out that 90 percent of the state’s medical marijuana certifications are issued by just 10 doctors, then asserts this is due to some abuse of the system instead of the fact that most doctors feel their license will be in danger if they issue marijuana certifications, or the fact that many people choose to seek marijuana certifications from doctors who specialize in cannabis rather than their regular doctor.

Of the many decriminalization, personal use and recreational use bills, Senate Bill 1219 and its companion HB 1539 (introduced by the request of the Libertarian Party of Hawaii) are the only two bills that remove marijuana from the criminal code.

SB 1219 and SB 548 seem to strive for the same things, although the latter leaves the criminal code intact. SB 548 opens with an explanation that includes statements like: “the legalization of marijuana for personal or recreational use is a natural, logical, and reasonable outgrowth of the current science of marijuana,” and the “legislature further finds that marijuana cultivation and sales hold potential for economic development, increased tax revenues, and reduction in crime.”

Hawaii’s Legislature has shown acceptance that marijuana issues should not be treated as public safety issues, but rather as a health issue. Yet the criminal laws are left in place, looming over any person who decides to take part, ready to kick in at the whim of a police officer or prosecutor if any part of the new regulations is not followed to the letter.

An example: SB 548 allows the sale of less than one ounce (28 grams) of marijuana to a person over 21 but it is common practice to give slightly more than an ounce (28.01-29 grams) because of stems, etc. Each transaction over 28 grams would still be a felony offense under SB 548 ; this is not the case under SB 1219/HB 1539.

SB 548 also discusses civil penalties for specific behaviors related to cannabis use, but again fails to erase the criminal punishments, meaning people would be subject to both.

SB 1219 has restrictions as well, specifically against sale to minors, against funding criminal enterprises and against cultivation on public lands. The punishments for violating these restrictions are also civil, but unlike SB 548, would not leave the criminal codes in place to kick in arbitrarily.

The Libertarian Party has a many-decades-long history of creating and supporting intelligent marijuana policy, and it wrote both SB 1219/HB 1539 to ensure the people of Hawaii have the greatest freedom in this issue while still protecting public safety.

Combining the best parts of SB 1219 with SB 548 may help us create a satisfactory compromise while protecting people from unnecessary and expensive criminal prosecution.

Michelle Tippens is founder and executive director of the Hawaii Veteran’s Cannabis Alliance (HVCA).