States that have both a medical marijuana law and have removed jail time for possessing small amounts of marijuana
Updates
Last update: July 27, 2024
Cannabis policy primary voter guide now available
Hawai’i narrowly missed an opportunity to legalize adult-use cannabis in 2024, with a Senate-passed bill dying in the House Finance Committee after clearing three other House committees. Before the legislature convenes in 2025, voters have an opportunity to elect new lawmakers.
The Hawai‘i Alliance for Cannabis Reform (HACR) created a voter guide that explains where the candidates stand on cannabis legalization and related issues of justice and equity. It includes responses to our candidate questionnaire, information on how incumbents voted on key cannabis bills, and other publicly available information on candidates’ stances.
MPP is a proud member of HACR. Check out our primary voter guide and stay tuned for our general election voter guide, which will be released after the primary.[1]
Sign up for our email alerts and follow the Hawai’i Alliance for Cannabis Reform on Instagram and Twitter to keep up to date about the push for cannabis justice.
Hawai’i legalization and decrim-improvement bills die, limited expungement bills become law
In 2024, legalization got the furthest it has ever gotten in the Hawai’i Legislature, but it died just short of the finish line. Meanwhile, a bill to dramatically expand the decriminalization law passed both chambers, before the Senate killed the final version in a shocking vote. In brighter news, bills to begin state-initiated expungement were signed into law.The Hawai’i Senate passed a legalization bill, SB 3335, SD 2, by a lopsided, 19-6 margin on March 6, 2024. For the first time, legalization received committee hearings in the House, where it passed three committees and two House floor votes. Unfortunately, it was never given a hearing in House Finance, where most members had voted against the bill on floor votes, and it died for the year. The bill’s House sponsor, Rep. David Tarnas, is committed to continuing working on the bill and researching the issue in the interim, and advocates have made it clear they’ll continue the fight until legalization passes.
The House and Senate also passed different versions of SB 2487, which would have expanded decriminalization from a paltry three grams (under ⅛ ounce) to 15 grams (in the Senate-passed verison) or one ounce (in the House version). After the House killed the Senate-passed legalization bill, however, the Senate shockingly voted down the House version of SB 2487. Hundreds of arrests will continue as a result.
Meanwhile, the House and Senate passed, and Gov. Josh Green signed limited first steps for expungement — HB 1595 and SB 2706. HB 1595 creates a pilot program in Hawaii County for non-conviction cannabis possession arrests. SB 2706 will create a Clean Slate Task Force to consider broader state-initiated expungements, including for convictions and non-cannabis offenses.
Hawaii’s medical cannabis program
In 2000, Hawai’i became the first state in the nation to pass a medical cannabis law through the legislature — rather than the citizen initiative process. Since then, the program has been revised and expanded, including to expand qualifying conditions, to provide protections for out-of-state patients, and to allow dispensaries.
While the law has inched forward over the years, it still falls far short in some areas. Unlike most other medical cannabis states, Hawaii’s medical cannabis patients can still be fired for testing positive for cannabis.
Hawaii’s Limited “Decriminalization” Law
In 2019, then-governor David Ige signed into law an extremely limited “decriminalization” law.
The law reduced the penalty for three grams of cannabis to a $130 civil fine, with no jail time. While the bill was a step forward, it remains far behind the times. The law covers the smallest amount of cannabis in the country and the fine is among the highest. Most other “decriminalization” (and legalization) laws apply to at least an ounce of cannabis, or 28.3 grams.
Hawai’i voters want more comprehensive reform. A winter of 2023/2024 poll found 58% support for legalization. While more than half of Americans — including the entire West Coast— live in states where cannabis is legal for adults, Hawai’i remains an anomaly.
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On Monday, April 22nd, 2024, in a shocking turn of events, the Hawai’i Senate defeated the House-passed version of SB 2487, which would have expanded the state’s paltry decriminalization law. The Senate had previously approved an earlier version of SB 2487, 24-1. It had also passed full legalization, which died in the House Finance Committee.
Sen. Angus McKelvey was one of the 14 senators to flip from “yes” on March 5’s vote to “no” yesterday. He claimed, “The Senate sent a very good, reasonable…