People caught with roughly three to five joints won’t be considered criminals under a bill awaiting Gov. David Ige’s signature, but it is unclear how many would actually benefit from the change.

Lawmakers passed House Bill 1383, decriminalizing the possession of 3 grams or less of pot, which would become punishable by a fine of $130 next year if signed into law, making it similar to a parking ticket. Currently, having less than 3 grams is a petty misdemeanor punishable by up to a $1,000 fine and up to 30 days in jail.

As marijuana becomes more accepted for medicinal and recreational use across the country, Hawaii’s cannabis industry leaders say the state needs to be more progressive — and realistic — with new policies. Decriminalizing 3 grams doesn’t go far enough, they say.

“Normal users, even if you’re just a medical patient, you usually have more than 3 grams,” said Helen Cho, spokeswoman of Aloha Green Apothecary, a Honolulu medical marijuana dispensary. While some cannabis patients get certified by the state, others don’t have the means to pay a certifying physician, which can cost between $150 and $200 and must be renewed every year. Patients who use cannabis as medicine but aren’t certified would be penalized because the majority have more than 3 grams at any given time, Cho said.

Carl Bergquist, executive director of the Drug Policy Forum of Hawaii, added that 3 grams is “very little,” especially since cannabis patients are allowed to carry up to 4 ounces under state law.

“If it’s that dangerous, then why can they (medical card holders) have 4 ounces? The purpose of bill is to decriminalize people so we’re worried that not many people are going to be decriminalized,” he said.

The bill also allows for the expungement, or erasing, of criminal records for those busted with 3 grams or less of pot, though not automatically. They would have to apply for expungement.

“You’re going to have a lot of people, maybe they were found to have 4 grams, then they could not apply for expungement. There’s no state in the country that has passed such a restrictive bill because most people who are arrested likely have more than 3 grams,” said Bergquist added.

From Jan. 1, 2018 through May 10, there were 1,351 arrests for marijuana or another so-called scheduled V substances, such as stimulants and depressants, according to the Hawaii Criminal Justice Data Center, which didn’t have data on how many people were arrested or convicted for 3 grams or less of pot.

Ige has not indicated whether he will sign the decriminalization bill, said Jodi Leong, the governor’s spokeswoman. The governor will first conduct legal and departmental reviews, she said.

Ige has said he opposes the legalization of marijuana until state and federal marijuana laws are aligned. Marijuana is illegal under federal law.

Some opponents of decriminalization see it as a step toward legalization of recreational marijuana.

“It’s the next big tobacco. Everybody knows this is the first step towards full-blown legalization. It’s all about money,” said Rep. Sharon Har, (D, Kapolei-Makakilo), who voted against decriminalization. Har said states that have decriminalization or legalization have seen more drugged-driving fatalities, emergency room visits as well as higher rates of property crime, homelessness and teenage school dropouts.

“One of the biggest issues I have right now is this bill will apply to minors. If a minor is arrested for 3 grams or less, that minor will pay $130 fine and that’s it,” she said. “Marijuana has an absolute detrimental effect on the minor brain. Those kids falling through the cracks will not have access to the court system and drug treatment.”