Hawaii legislators have been slow to legalize recreational cannabis, which frustrates advocates but gives us the advantage of learning from states that have gone before.
The biggest lesson from those states is to remain cautious.
The Honolulu Star-Advertiser’s Dan Nakaso reported that House Judiciary Chair David Tarnas is rewriting a bill that died in the House in 2023 to join 24 states that have legalized recreational pot. The bill faced opposition from state Attorney General Anne Lopez and county law enforcers.
“Issues of federal illegality, the growth of the illicit market, driving while high and problems protecting children are issues the Legislature should consider,” Lopez’s special assistant David Day told legislators.
“There is no state that’s come out completely unscathed in this process.”
But with new House leadership following the election defeat of Speaker Scott Saiki and a slew of new members, hopes are high among cannabis advocates for a different outcome.
Cannabis is already decriminalized in Hawaii, with users possessing small amounts for personal use facing only a minimal civil fine that’s seldom enforced. The only mechanism for major growth and production is Hawaii’s medical cannabis program, which has struggled despite loose rules that allow virtually anybody to get a state card.
Tarnas says he’s looking closely at other states — especially Maryland, the most recent to legalize recreational cannabis in July 2023.
With 67% voter support, Maryland legalized pot for adults over 21, allowing possession of 1-1/2 ounces for personal use, growing two plants and giving cannabis to others.
A state lottery awarded 174 cannabis dispensary licenses, and advocates trumpeted $40 million in sales tax revenue the first nine months; other states have reported disappointing revenues because of uncontrolled competition from illegal street sales.
Maryland hasn’t tamed the black market, but it’s been less of a complaint than in states like California and New York, where illegal sellers offering cheaper prices have severely undercut legal outlets that must price in regulatory costs and taxes.
The Maryland law has provisions to address use by minors, driving while high, public smoking and location of dispensaries, which Tarnas is trying to emulate.
While Maryland’s rollout was smoother than in other states, it’s not been all roses. Concerns about access by minors persist along with fights over dispensary locations. While two-thirds of voters approved the original initiative, a Washington Post poll nine months in found only one-third still thought it was good for the state. Half opposed having a store in their own neighborhood.
There’s a strong case for Hawaii to fully legalize adult possession of small amounts of cannabis for personal use, but it’s iffy on a big new system of state-regulated dispensaries and the accompanying bureaucracy.
Local adults who want cannabis seem to be finding it. Nobody’s getting criminal records for personal possession. There’s no clear public health problem street-corner dispensaries would solve. Tax revenues would be a fraction of bigger states’, and black marketeers will still undercut official stores.
If legislators want more legal pot, they could simply end requirements for medical consultations and state fees to buy at existing medical cannabis stores and see how the market wants to grow.
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Reach David Shapiro at volcanicash@gmail.com.
Reach David Shapiro at volcanicash@gmail.com.
