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Committee advances repeal of paraphernalia prohibition and carve-out for drug-testing products

House Committee on Health · February 13, 2026
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Summary

The committee moved HB 15-49 (repeal of paraphernalia prohibition) and HB 15-50 (excluding drug-testing products) forward after extensive testimony from harm‑reduction advocates and law‑enforcement representatives about public-health benefits and public-safety risks.

The House Committee on Health advanced two related measures: HB 15-49, which would repeal a law prohibiting drug paraphernalia, and HB 15-50, which would explicitly exclude drug‑testing products from the paraphernalia definition.

Proponents, including the Hawaii Health and Harm Reduction Center (Heather Lusk) and public-health witnesses, described practical benefits. Lusk said the syringe exchange program has enabled people to access treatment and that protections are needed so program staff can "do public health interventions" without fear of arrest. The Department of Health's Tim Ofermick said the department "appreciates the intent" and noted that paraphernalia restrictions can create barriers to reducing infections and overdoses.

Law‑enforcement witnesses opposed repeal. Lieutenant Allen Lu of the Honolulu Police Department, speaking on behalf of Major John A. Paco, said the HPD "opposes House Bill number 15 49" and warned that decriminalizing paraphernalia could "normalize drug use" and lead to increased public-health and safety problems, including discarded items in public spaces.

The committee acknowledged the split between public-health and law-enforcement testimony but voted to move both bills forward: HB 15-49 as a house draft with a defective date and HB 15-50 as a house draft with technical amendments. Both bills will also be considered by Judiciary and Hawaiian Affairs for further review.