State senators are drafting a bill that would decriminalize the possession of up to one ounce of marijuana but would impose a stiff fine on those caught with the drug.
The civil fine for possession of an ounce or less of marijuana would be $1,000, the same maximum penalty as under existing criminal law, but offenders would not face the prospect of 30 days in jail. Senators had initially wanted to set the civil fine at $100, the penalty courts typically impose, but senators upped the fine in the hopes of attracting support for the bill in the House.
The Senate has approved legislation to decriminalize the possession of small amounts of marijuana in the past, but the proposal has been rejected in the House.
"We’re going to change it up a little bit with the idea maybe the House might reconsider its position," said Sen. Clayton Hee (D, Heeia-Laie-Waialua), chairman of the Senate Judiciary and Labor Committee, which advanced Senate Bill 472 on Tuesday.
Hee said the motivation behind the bill is to help reduce a backlog in the courts caused by marijuana possession cases, which because of the time and effort involved in prosecution — and the fact that most cases related to small amounts of the drug produce only $100 fines each — are a "burden on taxpayers."
Rep. Karl Rhoads (D, Chinatown-Iwilei-Kalihi), chairman of the House Judiciary Committee, said he would consider the Senate’s bill if it moves to the House. He noted that his committee heard a bill this session to legalize marijuana but deferred the measure after learning that it did not have enough support in the full House.
Marijuana advocates prefer that the drug be legalized, like Colorado and Washington state did last year, but view decriminalization as a good step. Fourteen states have decriminalized marijuana.
Pamela Lichty, president of the Drug Policy Forum of Hawaii, an advocacy group, said decriminalizing marijuana but imposing a $1,000 fine for possession would send a "mixed message."
"I think it would be very burdensome for some folks, and in a way it’s a mixed message to say, on the one hand, we’re taking away the criminal penalties, but we’re going to slam you with this very large fine," she told senators.
The state attorney general’s office, the Honolulu Police Department and other law enforcement agencies oppose decriminalizing marijuana, warning that it would promote recreational use and exacerbate the health, safety and social costs of drug abuse.
Honolulu police Capt. Jason Kawabata also said that civil violations for marijuana possession would be difficult to enforce because, unlike criminal offenses or traffic violations, police would not be able to compel identification from suspects.
"Because it’s a violation only, you can’t force any offender to produce proof of identification," he told senators.
Hee said Senate staff would attempt to deal with police concerns about identification as the bill moves to the full Senate.
