DEPARTMENT OF THE ATTORNEY GENERAL PROVIDES KEY LEGISLATORS WITH REPORT REGARDING CANNABIS LEGALIZATION

DEPARTMENT OF THE ATTORNEY GENERAL PROVIDES KEY LEGISLATORS
WITH REPORT REGARDING CANNABIS LEGALIZATION
FOR IMMEDIATE RELEASE
January 5, 2024
HONOLULU – The Department of the Attorney General (Department) has provided a
formal report to key legislators emphasizing the department’s legal concerns and the
significant risks to public safety and public health that could arise if the Legislature
legalized adult-use cannabis. Also included was draft legislation intended to minimize
these risks and promote the public welfare to the greatest extent possible, should the
Legislature choose to legalize cannabis.
The report and a 315-page draft bill entitled “Relating to Cannabis” were prepared for
and submitted to Senator Joy A. San Buenaventura, chair of the Senate Committee on
Health and Human Services; Senator Jarrett Keohokalole, chair of the Senate
Committee on Commerce and Consumer Protection; and Representative David A.
Tarnas, chair of the House Committee on Judiciary and Hawaiian Affairs.
Cannabis is a Schedule I drug under the Controlled Substances Act and is illegal under
federal law. Since 2012, however, 24 states plus the District of Columbia have legalized
cannabis. In 2023, the Hawaiʻi Senate voted in favor of a bill, SB 669, that would
legalize adult-use cannabis, with only three “no” votes registered.
“The Department of the Attorney General does not support the legalization of adult-use
cannabis,” said Attorney General Anne Lopez. “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
the Legislature of the risks, while simultaneously providing a framework that includes
robust public-safety and public-health safeguards.”
Department of the Attorney General
News Release 2024-01
Page 2
As described in the report, the structure of the draft bill utilizes six “pillars” designed to
address issues associated with the transition to a legal market and its continued
success:
(1) The enacting of the Hawaiʻi Cannabis Law, which is a legal safe harbor
from state criminal prosecution concerning activities relating to cannabis
for those who strictly comply with its provisions;
(2) The creation of an independent body—the Hawaiʻi Cannabis Authority
(Authority)—with the power to regulate all aspects of the cannabis plant
(whether medical cannabis, adult-use cannabis, or hemp) in accordance
with the Hawaiʻi Cannabis Law;
(3) The continuing role of law enforcement agencies in addressing illegal
cannabis operations not acting in accordance with the Hawaiʻi Cannabis
Law, which pose threats to public order, public health, and those business
operators who choose to operate in the legal market;
(4) A vibrant, well-funded social equity program to be implemented by the
Authority with the intent to bring greater economic opportunity to
disadvantaged regions of our state and to help transition formerly illicit
operators into the legal market;
(5) A delayed effective date of 18 months for the legalization of adult-use
cannabis and the first legal retail sales to allow the Authority, law
enforcement, licensees, and the public to prepare; and
(6) The implementation of extensive, well-funded public health protections,
including public education campaigns about the new laws and the
continuing risks to public health—especially to children—posed by
cannabis, and financial assistance for public health services such as
addiction and substance abuse treatment.
The report further provides guidance to the Legislature regarding amendments that
would be considered unacceptable to the department.
“The draft bill is not ‘the Department of the Attorney General’s cannabis bill,”
emphasized Attorney General Lopez. “The draft bill was prepared to give the
Legislature a legislative option to consider—a draft with public safety and public health
protections embedded into its structure. Should the Legislature decide to legalize adultuse cannabis, the draft bill represents our best judgment about how to promote a legal
market, minimize risks of societal harm, mitigate damage that does come to pass, avoid
liability, and provide workable tools and substantial resources for law enforcement and
public-health officials to promote the public welfare.”
The Report Regarding the Final Draft Bill Entitled “Relating to Cannabis” can be found
here. The draft bill can be found here. A table of contents for the draft bill can be found
here. https://ag.hawaii.gov/wp-content/uploads/2024/01/Final-Draft-Bill-Relating-to-Cannabis-Table-of-Contents.pdf