Aloha Alliance,
Today Hawaii’s State Legislative Research Bureau released its study on the potential effects of decriminalization on drug-use and the criminal justice system. The study was commissioned by resolution of the Legislature in the 2016 session.
The study chiefly finds that the State of Hawaii does not currently collect enough information about drug usage and its role in the state criminal justice system to make a recommendation either for or against decriminalization of cannabis or any other drug.
“In light of the limitations we faced in obtaining relevant statistical information from governmental agencies regarding drug use and the enforcement of drug laws, funding for improvements in the information systems of governmental agencies may be necessary for policymakers to obtain the data required to make informed decisions on decriminalization. Such improvements may assist in obtaining drug use and treatment data from the Alcohol and Drug Abuse Division of the Department of Health; the Department of Human Services; the Judiciary; and the various counties. Improvements may also be necessary to obtain more consistent and reliable information on enforcement efforts from the Hawaii Criminal Justice Data Center; the county police departments; county prosecutors; the Office of the Public Defender; the Judiciary; and the Department of Public Safety.” pg. xviii
The LRB further found that any decriminalization scheme should consider the following:
- “Whether there is a need to implement a broader health-based strategy to reduce drug use;
- Which of the illicit drugs, and what quantities of those drugs, should be decriminalized;
- Whether, and what, civil penalties should be established;
- Whether administrative or judicial tribunals are better suited for proceedings to enforce decriminalized drug offenses; and
- Whether violators would remain subject to arrest and detention.” pg. xiv
While directed generally at all drug decriminalization, the LRB’s report is full of data from Portugal and other states in the United States concerning the effects of the decriminalization of medical cannabis specifically. This data is a valuable source of testimony for anyone looking to comment on the current medical cannabis decriminalization bills pending before a number of legislative committees.
The Report also does a good job of distinguishing between decriminalization, legalization, and depenalization.
- “Decriminalization eliminates criminal penalties for engaging in a prohibited activity, but still prohibits that activity and may impose fines or other civil penalties for violations of the prohibition.
- Decriminalization should not be confused with legalization, which involves the enactment of laws that authorize and may provide for state regulation of an activity, such as the production, sale, or use of drugs.
- Further, decriminalization should not be confused with depenalization, which involves the elimination of custodial penalties for an offense that remains classified as a criminal activity and thus may subject an offender to criminal fines and the establishment of a police record.” pg. 105-106
While certainly not a slam-dunk for either side of the medical cannabis decriminalization debate, the report provides a balanced, data driven glimpse into the current state of Hawaii’s criminal justice system and the results of similar efforts around the world.
Relevant medical cannabis bills introduced this session include:
HB 107: Decriminalizes and establishes civil adjudicatory proceedings at the district court level for the possession of one ounce or less of marijuana. (Souki) (JUD)
HB 170: Requires the Department of Public Safety to reassess the classification of marijuana as a Schedule I drug under state law and to report its findings to the Legislature. (San Buenaventura, Evans, Keohokalole, C. Lee, Morikawa, Ohno, Kobayashi) (HLT, JUD)
HB 344: Amends penalties pertaining to certain medical marijuana prohibitions. Repeals certain medical marijuana prohibitions. Makes conforming amendments. Re-intro of HB1829. (Souki) (HLT, JUD, FIN)
HB 1010: Makes it unlawful for any employer to suspend, discharge, or discriminate against any of the employer’s employees based on the individual’s status as a registered qualifying patient under the Medical Use of Marijuana Law or an employee’s positive drug test for marijuana components or metabolites if the employee is a registered qualifying patient under certain conditions. (Hashem, Belatti) (LAB, HLT, JUD)
HB 1463: Repeals criminal penalties for possession of marijuana, but retains penalties for marijuana cultivation and distribution. Specifies that the crime of promoting a detrimental drug in the first degree includes the selling or bartering of more than one ounce of marijuana. (San Buenaventura, Brower, Creagan, Decoite, Ing, Keohokalole, Mckelvey, Mizuno, Quinlan, Todd, Gates) (HLT, JUD)
HB 1538: Prohibits the provision of marijuana and related compounds to minors under 18. Prohibits minors under 18 to purchase marijuana or related compounds. Prohibits cultivation of marijuana on state or county property. Authorizes cultivation of marijuana on private property under certain conditions. Prohibits sharing proceeds from marijuana cultivation with criminal groups. Establishes fines for violations. Repeals other criminal penalties related to possession, cultivation, distribution, and use of marijuana and related compounds. (Souki (Introduced by request of another party)) (HLT, WAL, CPC, JUD)
HB 1539: Creates a criminal penalty with respect to the selling or furnishing of intoxicating compounds created from marijuana or marijuana concentrates to minors. Allows the growing of marijuana plants for personal use on lands zoned for residential use or agriculture. Prohibits marijuana use and distribution in conjunction with certain illegal activities. Removes marijuana and tetrahydrocannabinols from the Uniform Controlled Substances Act. Removes certain references to and criminal penalties under the penal code related to marijuana and marijuana concentrates. (Souki (Introduced by request of another party)) (HLT, JUD)
SB 16: Decriminalizes the possession of one ounce or less of marijuana. Creates a civil penalty for possession of marijuana on school property or in open possession in a school zone. (Green, K. Rhoads, Ruderman, S. Chang, Galuteria) (PSM/EDU, JDL)
SB 17: Establishes, for cases of marijuana, a minimum blood concentration content of tetrahydrocannabinol for the offense of driving under the influence of intoxicants. (Green) (PSM/TRE, JDL)
SB 120: Requires the Department of Public Safety to reassess the classification of marijuana as a Schedule I drug under state law and to report its findings to the Legislature. (K. Rhoads) (PSM, JDL/WAM)
SB 168: Amends penalties pertaining to certain medical marijuana prohibitions. Repeals certain medical marijuana prohibitions. Makes conforming amendments. (Espero (Introduced by request of another party)), Ruderman) (CPH/PSM, JDL)
SB 1093: Establishes that state medical use of marijuana as defined in section 329-121, Hawaii Revised Statutes, does not violate the federal classification of marijuana or federal marijuana regulations. (Gabbard, Espero, Baker, S. Chang, Shimabukuro) (CPH, JDL)
SB 1219: Creates a criminal penalty with respect to the selling or furnishing of intoxicating compounds created from marijuana or marijuana concentrates to minors. Allows the growing of marijuana plants for personal use on lands zoned for residential use or agriculture. Prohibits marijuana use and distribution in conjunction with certain illegal activities. Removes marijuana and tetrahydrocannabinols from the Uniform Controlled Substances Act. Removes certain references to and criminal penalties under the penal code related to marijuana and marijuana concentrates. (Kouchi (Introduced by request of another party)) (JDL/PSM, WAM)
Let us know if you have any comments, we’d love to know your opinions on this issue and these bills as we approach them this legislative session.
It is the Alliance’s mission to provide up-to-date and relevant industry information to the patients, dispensary applicants, and related businesses of Hawai‘i’s growing medicinal cannabis industry. If you are not yet an Alliance member, join today to receive the HDA Industry Update every month and to take an active role in the future of Hawai‘i’s medical marijuana industry. Contact us today and we will send you the September/October 2016 edition of the HDA Industry Update absolutely free to say thank you for your interest!