Earlier this month, Hawaii's Attorney General, Anne Lopez, submitted a report to legislators outlining the legal concerns and potential risks to public safety and health if cannabis were to be legalized for adult use. This development comes five years after former Governor David Ige declined to sign into law a bill that decriminalized the possession of small amounts of marijuana. The said law came into effect in January 2020.
The report from the Department of the Attorney General was submitted to chairs of several legislative committees. These included Sen. Joy A. San Buenaventura, chair of the Committee on Health and Human Services; Sen. Jarrett Keohokalole, chair of the Senate Committee on Commerce and Consumer Protection; and Rep. David A. Tarnas, who chairs the House Committee on Judiciary and Hawaiian Affairs.
The report highlighted potential issues associated with any legislation that legalizes cannabis, ranging from federal illegality to driving under influence and public health protection for children. It also detailed the pillars of the final draft bill prepared by the department.
"The Department of the Attorney General does not support the legalization of adult-use cannabis," said Lopez in a Jan. 2 news release issued by Governor Josh Green. "We acknowledge that with changing public perception in recent years, the odds that the Legislature may pass legislation legalizing adult-use cannabis have increased substantially. Given that the Legislature could theoretically pass a bill as early as this year, it is my department’s duty to warn them about these risks while simultaneously providing a framework that includes robust public-safety and public-health safeguards."
The six pillars of this draft bill encompass various aspects including Hawaii's cannabis law, which provides a safe harbor from state prosecution for those who comply with it; creation of a regulatory body named Hawaii Cannabis Authority; role of law enforcement in addressing illegal cannabis operations; establishment of a well-funded social equity program through Hawaii Cannabis Authority; an 18-month delay in implementing the bill for legalization of adult-use cannabis and legal sales; and new public health protections, ranging from public education to financial assistance for public health services.
The Attorney General’s Office prepared this draft bill as it felt a responsibility to provide input on how legalization could occur and what the transition might look like if protection of public welfare was a central consideration.