All eyes are on Colorado and Washington state as Hawaii and other states consider if and when to similarly legalize marijuana. But until more clarity emerges on conflicting federal-state policies, Hawaii can take some logical steps by transferring the medical marijuana program to the Health Department and decriminalizing possession of small amounts for recreational use.
Starting with California in 1996, Hawaii is among 18 states and the District of Columbia that allow marijuana to be used for medical purposes, which has proven effective. The program in Hawaii has been administered by the state Department of Public Safety but should have been transferred long ago to the Department of Health, where it belongs.
Senate Health Committee Chairman Josh Green, a Hawaii island physician, has blocked such a transfer in the past but has allowed the proposed transfer to go forward this session. He acknowledges that marijuana has been of benefit to cancer patients and others with chronic pain, nausea and loss of appetite.
More far-reaching is a bill that would decriminalize possession by an adult of up to one ounce of pot, resulting in a civil fine of $100. Under existing criminal law, offenders are charged with a petty misdemeanor and face being put behind bars for up to 30 days and a $1,000 fine.
Possession of marijuana in any amount by a minor will continue to be a criminal offense, as it should be. In fact, said House Judiciary Chairman Karl Rhoads, "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."
As for decriminalizing small amounts of pot for adults, it’s a sensible move to reduce the costliness of criminal prosecution for a relatively minor infraction. On balance, too much time and money get tied into this, overburdening courts and prisons for an ounce or less. This bill brings the penalty closer in line with the relatively low risk of community harm.
For those who do put others at risk — by smoking and driving, for example — there already exists laws barring driving while impaired.
Meanwhile, debate continues over whether to legalize marijuana entirely, as voters in Colorado and Washington did last year. Hawaii reportedly is among 17 states considering recreational-use measures. A recent poll shows that 51 percent versus 44 percent of Americans approve such legalization.
Of practical concern will be the response of the federal government, which since 1970 has classified marijuana as a dangerous, addictive drug with no medicinal effectiveness.
Legislation in Congress to overturn the federal ban on marijuana is being proposed by liberal Democrats but is given little chance of enactment in the near future. However, following last year’s election, President Barack Obama said going after marijuana smokers would be a low priority.
Democratic House Speaker Joseph Souki and Majority Leader Scott Saiki introduced a bill this session calling for legalization of marijuana for adults. Nine senators co-sponsored a similar bill, explaining that such a move would be "natural, logical and reasonable."
It’s too soon for such a big change in Hawaii’s marijuana laws. Souki told the Star-Advertiser’s editorial board this week that decriminalizing small amounts would be an important step toward such an eventual move. Hawaii legislators must closely watch what clashes — or cash caches — result in states where marijuana has been legalized to determine if such a move is, indeed, "logical and reasonable."
