State legislators have their heads in the clouds with a renewed bid to make Hawaii the 26th state to legalize recreational cannabis.
Senate Bill 3335 goes far beyond an augmentation of the state’s existing pot regulation laws, which provide guidelines for dispensing and consuming medical use cannabis, and define safe harbor protections from criminal prosecution.
The measure, which crossed over to the House and was heard by two committees Wednesday, seeks to stand up a recreational cannabis industry replete with a multitiered governing apparatus and programs encompassing social equity, outreach, education and public health.
While bills pressing for further decriminalization of strict cannabis penalties make sense, legalizing marijuana for adult recreational use does not, especially at this time.
SB 3335 aims to create the Hawaii hemp and cannabis authority, an organization within the Department of Commerce and Consumer Affairs led by an executive director and no fewer than eight supporting members. That authority would be governed by a hemp and cannabis control board with seven members — appointed by the governor — to administer and enforce laws related to adult-use cannabis. A hemp and cannabis control implementation advisory committee would counsel the board on development or revision of proposed laws, while an enforcement unit would be tasked with locking out criminal enterprise and preventing illegal cannabis cultivation and distribution.
These separate gears would mesh to form an oversight system with which the state could readily dispense and impose cannabis legislation. But all this complexity comes at an unspecified cost — financially and socially — and at a time when Hawaii’s governing bodies are overburdened by continued pandemic fallout and the devastating Maui wildfires.
Language in SB 3335’s preamble suggests government revenue is among the effort’s key drivers, but the tax implications of full legalization are unclear. A move in that direction would likely be good business for businesses — but not as advantageous for the state, which must draw on an already anemic pool of funds to create the necessary regulatory and enforcement infrastructure.
A substantial upfront infusion would be needed to get cannabis legalization off the ground, and with an estimated 18-month delay in start to sales, that initial outlay would only exacerbate the state’s vulnerable financial position. A report conducted by the Dual Use of Cannabis Task Force and delivered to lawmakers in late 2022 estimated a mature regulated market could generate between $34 million to $53 million a year in taxes. Proponents assert that sum is more than enough to cover the cost of regulation, but societal impacts could far outweigh immediate monetary gains.
On this, we must listen to those on the front lines, some of whom have voiced concerns about SB 3335. Honolulu Prosecuting Attorney Steve Alm has been an outspoken critic of full legalization, noting an anticipated decline in Japanese tourism and, more importantly, negative effects on the health of Hawaii’s youth.
The impact on young people cannot be ignored. The state Department of Health, in testimony submitted to the Legislature Wednesday, points to studies linking cannabis use with burgeoning psychotic disorders in adolescents and young adults. Similar concerns were expressed by representatives from the Department of Education, who say normalization would compound a problematic trend of cannabis usage in underage students — necessitating additional prevention education resources and teacher training. All this while struggles persist to recover from pandemic-era learning losses.
Arguments could be made for adult-use cannabis,
not the least of which include social equity and growing public sentiment in favor of full legalization. But with lawmakers grappling with fiduciary shortfalls and cannabis-adjacent issues like vaping, conditions are not ripe for Hawaii, if they ever will be.
