SB 319: RELATING TO MARIJUANA.

A BILL FOR AN ACT

Relating to Marijuana.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 712-1248, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:

     (a)  Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;

     (b)  Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the Schedule V substances;

     (c)  Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of [one ounce] thirty grams or more, containing any marijuana; or

     (d)  Distributes any marijuana or any Schedule V substance in any amount."

     SECTION 2.  Section 712-1249, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1249  Promoting a detrimental drug in the third degree.  (1)  A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any marijuana or any Schedule V substance in any amount.

     (2)  Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of [three] fifteen grams or less of marijuana is a violation, punishable by a fine of $130."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Marijuana; Possession; Decriminalization

Description:

Changes from 1 ounce to 30 grams the minimum amount of marijuana that constitutes the offense of promoting a detrimental drug in the second degree.  Increases from 3 grams or less to 15 grams or less the amount of marijuana that constitutes the offense of promoting a detrimental drug in the third degree.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 714

Honolulu, Hawaii

RE:    S.B. No. 319

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 319 entitled:

"A BILL FOR AN ACT RELATING TO MARIJUANA,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Change from one ounce to thirty grams the minimum amount of marijuana that constitutes the offense of promoting a detrimental drug in the second degree; and

     (2)  Increase from three grams or less to fifteen grams or less the amount of marijuana that constitutes the offense of promoting a detrimental drug in the third degree.

     Your Committee received testimony in support of this measure from the Office of the Public Defender, Community Alliance on Prisons, Marijuana Policy Project, ACLU Hawaiʻi, and Hawaiʻi Alliance for Cannabis Reform.

     Your Committee received testimony in opposition to this measure from the Department of the Attorney General, Department of Law Enforcement, Department of the Prosecuting Attorney of the City and County of Honolulu, Hawaiʻi Police Department, Honolulu Police Department, Smart Approaches to Marijuana Hawaii, Hawaii Family Forum, and nine individuals.

     Your Committee finds that the consequences of arresting, prosecuting, and incarcerating people for personal drug use are devastating.  People who have been convicted of possession of small amounts of marijuana cycle through the criminal justice system and are not able to successfully contribute to society or have the support of their social network.  Additionally, a criminal record can carry lasting, detrimental effects on finding employment, housing, and accessing educational opportunities.  This measure will make the State's cannabis laws more responsible, just, and equitable.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 319 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,