The state House on Wednesday discarded a bill that would have decriminalized the possession of small amounts of marijuana after House leaders concluded they lacked the votes to advance the legislation.
The bill would have made the possession of up to 20 grams of marijuana — less than an ounce — a civil penalty that would have drawn a $100 fine.
Drug policy analysts and civil liberties advocates say that criminal penalties for small amounts of marijuana unnecessarily burden the criminal justice system and stigmatize casual marijuana users. But state and county prosecutors and police oppose decriminalization because of the social costs of drug abuse.
The Senate has favored decriminalization, but the House, until this session, had not seriously considered the idea.
"It’s an issue that needs to be vetted," said House Majority Leader Scott Saiki (D, Downtown-Kakaako-McCully). "And I think it will evolve over time. And one day this bill will pass and become law. It may just not be the right time."
The sponsor of the bill, Sen. J. Kalani English (D, Molokai-Lanai-Upcountry Maui-Hana), agreed.
"It’s just a matter of time that we’re going to deal with this issue," he said, adding that the Senate has supported decriminalization as well as marijuana dispensaries — what senators called "compassion centers" — so medical marijuana patients can more easily obtain the drug.
Hawaii is one of 18 states and the District of Columbia that have legalized marijuana for medicinal use. Two states — Colorado and Washington state — have legalized marijuana possession in small amounts through voter-approved ballot initiatives.
House leaders shelved a bill earlier this session that would have legalized marijuana in small amounts because of a lack of votes among majority Democrats.
Sen. Clayton Hee (D, Heeia-Laie-Waialua), the chairman of the Senate Judiciary and Labor Committee, had moved Senate Bill 472 with a civil fine of $1,000 for the possession of up to an ounce of marijuana. The steep fine was meant as an incentive for the House to take up the bill. The criminal penalty for a similar possession offense is now $1,000 with the potential for 30 days in jail, although senators were told that the courts typically impose $100 fines.
Hee said the Senate tried to give the House "as much discretion and latitude as possible, but evidently not enough discretion and latitude."
Rep. Karl Rhoads (D, Chinatown-Iwilei-Kalihi), chairman of the House Judiciary Committee, changed the bill to lower the permissible amount to 20 grams and to make clear that possession would still be a petty misdemeanor for minors. He also put the civil fine at $100.
House Democrats discussed the bill in private caucus on Tuesday and Wednesday before announcing that it was being sent back to the House Judiciary Committee, essentially killing the legislation for the session.
Rep. Marcus Oshiro (D, Wahiawa-Whitmore-Poamoho), who opposed the bill, said Hawaii should study how Colorado and Washington state implement marijuana legalization, since the drug remains illegal under federal law. He said he was not comfortable with decriminalizing up to 20 grams of marijuana — or 47 to 50 joints — because of the potential for increased exposure to young people.
"We don’t have to be the ones to be first in line, spending enormous time, energy and money, and exposure of our young people in this untested area," Oshiro said.
