HCR 138: REQUESTING THE UNITED STATES CONGRESS TO REMOVE CANNABIS FROM THE FEDERAL CONTROLLED SUBSTANCES ACT, PROVIDE SUPPORT TO STATES THAT ARE CLEARING DEFENDANTS' RECORDS of CANNABIS OFFENSES, AND FACILITATE access to THE FULL SPECTRUM OF BANKING SERVICES FOR CANNABIS-RELATED BUSINESSES.

HOUSE OF REPRESENTATIVES	H.C.R. NO.	138
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE UNITED STATES CONGRESS TO REMOVE CANNABIS FROM THE FEDERAL CONTROLLED SUBSTANCES ACT, PROVIDE SUPPORT TO STATES THAT ARE CLEARING DEFENDANTS' RECORDS of CANNABIS OFFENSES, AND FACILITATE access to THE FULL SPECTRUM OF BANKING SERVICES FOR CANNABIS-RELATED BUSINESSES.

 

 

     WHEREAS, thirty-eight states, four territories, and the District of Columbia authorize the use of medical cannabis products; and twenty-four states, three territories, and the District of Columbia have legalized the non-medical use of cannabis among adults; and

 

     WHEREAS, the State of Hawaii has enacted:

 

     (1)  Act 228, Session Laws of Hawaii 2000, which authorized the acquisition, possession, and use of medical cannabis;

 

     (2)  Act 241, Session Laws of Hawaii 2015, which authorized the establishment and regulation of medical cannabis dispensaries; and

 

     (3)  Act 273, Session Laws of Hawaii 2019, which decriminalized the possession of small amounts of non‑medical cannabis; and

 

     WHEREAS, data submitted by Hawaii's Attorney General to the United States Department of Justice indicate that:

 

     (1)  6,934 adults and 3,732 juveniles were arrested in Hawaii for cannabis possession between 2011 and 2019; and

 

     (2)  Even though Act 273, Session Laws of Hawaii 2019, decriminalized the possession of small amounts of cannabis, five hundred twenty-three adults and eighty‑five juveniles were arrested for cannabis possession in 2020; and

 

     WHEREAS, arrests and convictions for cannabis possession remain on record and often impact the ability of a person to obtain housing and employment; and

 

     WHEREAS, other state governments are clearing defendants' records of cannabis offenses, and more than 2,500,000 records have been expunged or sealed since 2018; and

 

     WHEREAS, even though states have made significant policy changes with respect to cannabis, the federal Controlled Substances Act still classifies cannabis as a Schedule I substance, which means that medical cannabis dispensaries and other cannabis-related businesses continue to face the prospect of federal seizures, forfeitures, arrests, and other enforcement and prosecution actions; and

 

     WHEREAS, alcohol and tobacco remain outside the purview of the federal Controlled Substances Act, even though the regular use of those substances often leads to physical injuries, psychological and social harm, the onset of chronic and fatal illnesses, and other negative impacts on individual and public health; and

 

     WHEREAS, excessive alcohol use in Hawaii accounts for approximately six hundred deaths and $937,400,000 in health care costs, legal expenses, and lost productivity each year, with illnesses related to tobacco smoking costing the State's medical system approximately $611,000,000 annually; and

 

     WHEREAS, a recent demand study commissioned by the State Department of Health found that an adult-use cannabis sector would exceed $1,000,000,000 in gross sales by its fifth year of operation; and

 

     WHEREAS, Hawaii's medical cannabis dispensaries and other cannabis-related businesses, including those providing goods, services, property, and facilities to cannabis-related businesses, are hampered by their inability to obtain the full spectrum of private banking services under federal law; and

     WHEREAS, in recent years, members of Congress have introduced legislation to facilitate access to the full spectrum of banking services, including deposit insurance, for cannabis-related businesses; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the United States Congress is requested to enact legislation to:

 

     (1)  Remove cannabis from the federal Controlled Substances Act;

 

     (2)  Provide support to states that are in the process of clearing defendants' records of cannabis offenses; and

 

     (3)  Facilitate access to the full spectrum of banking services for cannabis-related businesses; and

 

     BE IT FURTHER RESOLVED that the members of Hawaii's congressional delegation are respectfully requested to take the steps necessary to enter the full and complete text of this request into the Congressional Record; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President and Vice President of the United States; President Pro Tempore, Majority Leader, and Minority Leader of the United States Senate; Speaker, Majority Leader, and Minority Leader of the United States House of Representatives; and each member of Hawaii's congressional delegation.

 

 

 

	OFFERED BY:	_____________________________

 

 

Report Title:

United States Congress; Cannabis; Controlled Substances Act