Possession of an ounce or less of marijuana would be punishable by a fine of not more than $100 under a decriminalization bill that is moving through the state Senate.
The Senate Judiciary Committee on Thursdayunanimously approved Senate Bill 879 to allow Hawaii to join 19 other states and the District of Columbia that have decriminalized possession of small amounts of marijuana.
That committee vote was applauded by advocates of legalization, including Puna resident and longtime marijuana activist Roger Christie.
Christie, 65, has advocated for many years for legalization and religious uses of marijuana, and served 50 months in jail for distribution of cannabis in a now-famous federal prosecution on Hawaii island. He is free on supervised release while he appeals his conviction, and attended the hearing Thursday at the state Capitol to support bills that would decriminalize pot.
"At least it’s a step in the right direction, I think," Christie said of the bill. However, Christie argued the bill "doesn’t go far enough because marijuana is proven safe, and it’s relatively harmless compared to other substances which are more damaging to people."
He added, "Cigarettes are commonly available at 7-Eleven, and yet cannabis is such a humbug, and it’s proven safer."
The measure was opposed by police, prosecutors and the state attorney general’s office, with law enforcement officials reminding lawmakers that pot is still illegal under federal law.
Honolulu Deputy Prosecutor Tricia Nakamatsu said the punishment for possession of small amounts of marijuana is already comparable to the punishments for minor offenses such as possession of an open container of alcohol in public.
Minimizing marijuana offenses even further by giving them the status of civil violations would vastly "decrease the level of significance that the legislature, law enforcement, and ultimately the public, place on this Schedule I controlled substance," Nakamatsu said in written testimony.
She said in her written comments that studies show marijuana use presents significant health concerns, especially for youth. But Nakamatsu said decriminalization will suggest to young people that marijuana is not so bad because "it’s not even a crime."
Senate Judiciary Chairman Gilbert Keith-Agaran (D, Waihee-Wailuku-Kahului), said police and prosecutors report they already decline to pursue cases involving small amounts of marijuana, so the bill won’t trigger a major change in law enforcement practices.
"They’re not doing it. Either it’s not worth the time of law enforcement, or they understand that it’s not worth pursuing," he said.
Assuming the full Senate approves the bill, the measure will advance to the state House for further consideration. House leaders "may have very different views of what we should do," Keith-Agaran said.
One powerful player who apparently has some doubts is Gov. David Ige, who told reporters Thursday he has not supported decriminalization in the past.
"I just think it gets confusing for our communities when the federal law is different than the state law," Ige said, adding that he discussed the issue with fellow governors who are implementing new marijuana laws in other states.
"It does get confusing to communities because they believe that it’s totally legal when it’s still not legal by the federal government," he said.
