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Hawaii Senate Kills Marijuana Decriminalization Bill

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The Hawaii Senate on Monday killed a bill that would have expanded marijuana decriminalization in the state, with lawmakers expressing fears that the legislation would pose a public safety risk and empower the unregulated cannabis market. The measure (SB2487) was approved by the Hawaii House of Representatives on April 5, only three days after the chamber killed a bill to legalize recreational marijuana for adults.

Had it passed into law, SB2487 would have decriminalized the possession of up to one ounce of marijuana and up to five grams of cannabis concentrates. Instead of jail time for such offenses, the bill sets a maximum fine of $25. Under current Hawaii law, possessing more than 3 grams of marijuana is a criminal misdemeanor carrying penalties of up to 30 days in jail and a fine of up to $1,000.

Those caught possessing larger amounts of marijuana would have still faced misdemeanor charges under SB2487, although the penalties for such offenses would have been reduced by the measure. The bill also created a new offense for smoking marijuana in a public area carrying a fine of up to $130.

“Heavily fining or putting people in jail for possession of some small amount simply serves to impair people to hold a job, get loans, things you need to advance in society,” Democratic Sen. Chris Lee, one of the bill’s authors, told the ABC television affiliate in Honolulu as SB2487 made its way through the legislature. “Decriminalizing possession of cannabis is something that is a big step forward.”

Senators Cite Possible Outcomes Of Weed Decriminalization

Before voting down the marijuana decriminalization bill, senators expressed several reasons to kill the measure, including fears that cannabis would be more accessible to young people and endanger public health. Lawmakers also expressed concerns that legalizing cannabis would make the Hawaiian Islands a less desirable vacation destination for Asian tourists, Honolulu Civil Beat reported, and that the illicit marijuana market would “explode” as a result of the reforms.

“Illegal marijuana is unregulated, untested and untaxed,” said Democratic Sen. Sharon Moriwaki, according to a report from cannabis news outlet Marijuana Moment. “This creates a significant public health concern. It also contains pesticides, trace elements of metals like lead and nickel and other toxic chemicals. Decreasing penalties for illegal marijuana sends a message to our keiki and community that this drug is harmless. It is not.”

Sen. Angus McKelvey, also a Democrat, said that he would vote against the bill but noted that he supports cannabis policy reform with more regulations, such as the marijuana legalization proposal that died in the House of Representatives earlier this month.

“The Senate sent a very good, reasonable recreational legalization bill with guardrails over to the other chamber,” McKelvey said, adding that if decriminalization progresses too quickly, “you could have a black market could explode, thereby undercutting and creating all the safety hazards that the bill we sent over should have addressed.”

The bill was also opposed by the Hawaii Attorney General’s Office, the Honolulu Police Department and Steve Alm of the Honolulu Prosecutor’s Office, who said that SB2487 was a “de facto” marijuana legalization bill.

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