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Attorney General backs HB 16‑25 with conditions and begins hiring to enforce unlawful hemp retailing
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Summary
The Attorney General's Office said it would not oppose HB 16‑25 so long as bills include public‑health protections, safe harbor, a governing authority and preservation of enforcement tools; AGO officials said hiring authorization to staff hemp investigations was recently cleared and civil nuisance abatement will be used against unregistered sellers.
Deputy Attorney General Alana Bryant told the House Judiciary and Hawaiian Affairs Committee that the Department of the Attorney General would not oppose HB 16‑25 if it preserves provisions intended to protect public health and safety.
Bryant said the AGO distilled six pillars any legalization bill should contain: legal safe harbor for people and businesses who comply with the law, creation of an independent governing authority covering medical cannabis, hemp and adult use, a defined continuing role for law enforcement to address illicit operations, a well‑funded social equity program and community grants, a delayed effective date of at least 18 months after any trigger event, and extensive, funded public‑health protections including education campaigns.
Bryant recommended narrowing proposed changes in HB 16‑25 that would categorically exempt cannabis products and associated odors from the nuisance definition in HRS provisions, arguing that too broad an exemption may remove a tool needed to investigate and stop legitimate nuisances and unlawful distribution. She urged that if Act 269 is repealed in other sections of legislation, HB 16‑25 retain Act 269’s specific amendment to HRS 7‑12‑1270 that explicitly includes unlawful hemp distribution and retailing among nuisances.
On enforcement, Bryant and Chief Special Agent Tom Aletheo said Act 241 (session laws referenced by presenters) and Act 269 together created a framework to investigate unlawful hemp retailing; Act 241 added six positions (five investigators and one analyst) in the AGO’s investigations division. The AGO reported that hiring authorization came through the preceding Friday and officials plan to fill positions internally where possible and recruit externally as needed. The AGO described enforcement tools including civil nuisance abatement actions to obtain injunctions and product embargoes, consumer‑protection actions, and criminal prosecution when evidence supports it.
The AGO also noted federal uncertainty: an executive order (cited as 12/18/2025 in testimony) asked the U.S. attorney general to take steps to reschedule marijuana, but the timing and outcome remain unknown; the AGO recommended an 18‑month implementation delay after any trigger to allow a stable transition and public education.
Committee members pressed OG on the timing of enforcement and whether the AGO had begun investigations; AGO said a small number of tips have been received and tobacco/vape enforcement provided an interim path to inspect some retailers before the specialized team is fully staffed. The AGO and OMCCR both said they are compiling lists of retailers and outreach contacts to prioritize inspections once investigators are hired.
