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Joint committee amends HB302; adds AG enforcement role, misdemeanor advertising penalty, and cultivator effective date
Summary
Lawmakers amended HB302 to incorporate Attorney General-requested clarifications, add criminal penalties for some advertising violations, transfer certain enforcement authorities to the AG’s drug nuisance abatement unit, and set a delayed effective date for cultivator licenses.
The joint committee on Ways and Means and Judiciary voted on April 1, 2025 to pass House Bill 302 with multiple substantive amendments that change enforcement, criminal penalties and licensing timelines for cannabis activities.
Why it matters: The bill’s amendments reassign enforcement authorities, create new misdemeanor penalties for some advertising violations, and delay the effective date for cultivator licenses to Jan. 1, 2027 — changes that affect regulators, licensed businesses and enforcement practices.
What the committee changed: Committee members said they would adopt Attorney General (AG) amendments and other clarifications. The amendments reported in committee include: - Clarify the required state of mind (intentional, knowing or reckless) for unlicensed dispensary operation offenses. - Add a misdemeanor penalty for violations of the bill’s advertising provisions. - Amend HRS provision language (HRS 281-31(c) as cited in committee discussion) to enable the Attorney General’s drug nuisance abatement unit to enforce violations of chapter 329D (as cited) under the bill’s enforcement schema. - Require that cultivator licenses meet the same production facility and processing requirements as other production facilities and set an effective date of Jan. 1, 2027 for cultivator licenses. - Clarify that the Attorney General, not the director of health, shall expend certain appropriated funds noted in the bill text.
Discussion and dissent: Several senators discussed the changes. Senator Gabbard presented the package of amendments and noted prior concurrence from other chairs and from HHS on parts of the bill. Senator Owa voiced concern that the amendments would “pretty much shut down medical provider in my district in Waialua,” and Senator O'Hara recorded a “no” vote in the transcript during the committee’s roll-call on the amended measure. Committee minutes record the measure as passing with amendments.
Next steps: The amended HB302 was recorded as passed by the joint committee and will be reflected in the committee report, including the AG’s requested language and any technical edits.
Ending: Committee members asked that the committee report reflect AG and HHS testimony and amendments; the bill will proceed with the adopted changes.
