For some in Hawaii, the legalization of recreational marijuana is viewed as an inevitability. Both sides of the issue agree that Hawaii requires a balanced, nuanced and thoughtful application of the law to protect citizens — especially children — from the societal harm often associated with a move to decriminalization.
Proposals guiding toward this goal moved through the state Legislature this year, and one — still alive — stands out for its particularly acute deviation from existing mandates. Current law imposes a $130 fine for possession of up to 3 grams of cannabis for personal use. Senate Bill 2487 would institute a $25 fine — less than a parking citation — for personal-use possession, and raise the quantity substantially from the current 3 grams to an ounce. On average, one ounce of marijuana can be rolled into about 60 joints.
While the crime of possession would remain on the violator’s record as a petty misdemeanor, the proposed reduced financial penalty is an inconsequential disincentive. State lawmakers and officials agree. Earlier this month, state Rep. Gene Ward called the bill “de facto recreational legalization,” sentiments echoed by Honolulu Prosecuting Attorney Steve Alm in an Island Voices column on Sunday.
Citing multiple studies, Alm points to the detrimental effects wide-use marijuana can have on a community’s health and well-being — from undesirable medical conditions, to consumption of untested and unregulated product. Drugged driving is also cited as a pitfall and, importantly, Alm envisions the potentially dangerous message drastic decriminalization, not to mention legalization, would send to Hawaii’s children.
In testimony submitted to the Legislature, the state Department of the Attorney General voices concern that SB 2487 decriminalizes marijuana in sufficient quantities to accommodate distribution. This could lead to unintended consequences, including an easier-to-access black market, the department says.
Worryingly, the bill lacks the well-considered safeguards and provisions in SB 3335, a separate measure with scaffolding to stand up a recreational cannabis industry. The bill — which failed to make it out of committee, so is not advancing — called for a governing apparatus and programs for social equity, outreach, education and public health. None of those elements are present in SB 2487.
A bright spot in SB 2487: Smoking marijuana in public would be considered promotion of a detrimental drug in the third degree. Those found guilty would be saddled with a $130 fine, a fair amount that supplies an effective deterrent while not threatening to overburden offenders who can ill afford high fines.
And that is significant. Any laws governing the use of marijuana must be balanced in their application of enforcement to foster compliance, while at the same time, assuaging social equity concerns for groups disproportionately affected by such statutes.
SB 2487 puts the cart before the horse. Until the state decides on common-sense guardrails and a comprehensive public health and safety plan, lawmakers must make strident efforts to deploy substantive punishments that discourage — not encourage — marijuana use. Future legislation must also align with reform efforts like House Bill 1595, which would direct the state attorney general to field a pilot project to expunge low-level arrest records for certain marijuana offenses including possession. That bill is now sitting on the desk of Gov. Josh Green.
If there is a correct path toward recreational cannabis use in Hawaii, the current version of SB 2487 is not a stepping stone in that road. It must be reshaped, refined and retooled to better fit our unique community needs.
