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Judiciary committee raises possession thresholds for marijuana offenses, passes SB 319
Summary
The Senate Committee on Judiciary voted to pass SB 319, which raises decriminalized possession thresholds and alters third-degree possession thresholds; testimony split between law-enforcement and public-health opponents and decriminalization advocates.
The Senate Committee on Judiciary recommended passage of SB 319, which raises statutory thresholds for marijuana possession and related offenses. The committee recorded opposition from prosecutors, law-enforcement and some public-health witnesses, and support from criminal-justice reform groups and the ACLU of Hawaii.
SB 319 increases the amount constituting the lowest-level criminalized marijuana possession. Under the measure discussed in committee, the minimum amount described in one provision is raised from “one ounce” (as described in testimony) to 30 grams for certain definitions, and the second change raises the threshold for a third-degree promotion offense from 3 grams or less to 15 grams or less in another section. Proponents argued the change would reduce arrests and criminal records for small possessions; opponents warned the change could increase use, health harms and enforcement challenges.
Chief law-enforcement witnesses — including the Department of the Attorney General’s representative, the Director of the Department of Law Enforcement (via a proxy), the Honolulu Prosecuting Attorney and Honolulu Police Department representatives — testified in opposition, saying larger thresholds risk increased use, impaired driving, and enforcement challenges. The Attorney General’s deputy testified the department opposed increasing criminalized amounts without safeguards, and the Honolulu Prosecuting Attorney argued the increases could create public-health harms and bolster daily heavy use.
Supporters included the Office of the Public Defender, the ACLU of Hawaii, the Hawaii Alliance for Cannabis Reform and other reform groups. Testimony in support urged raising decriminalization thresholds, reducing fines and expanding alternatives to incarceration to avoid lifelong collateral consequences for low-level possession.
Vice Chair Gabbard stated she would vote no on the measure, citing research she described showing increases in youth marijuana disorder, emergency-room visits and hospital admissions in some states after legalization. The committee nonetheless recorded the measure as passed on the committee’s recommendation.
