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Bill to expand drug‑free zones around homeless facilities advances amid opposition over fairness and effectiveness
Summary
The committee advanced SB 2250 SD1 to add homeless facilities to drug‑free zone protections, but multiple stakeholders — including the Office of Hawaiian Affairs and harm‑reduction advocates — warned the measure could be overly broad, raise notice and fairness concerns, and conflict with housing‑first approaches.
The committee advanced SB 2250 SD1, which would extend enhanced penalties for promotion (distribution) of controlled substances to include homeless facilities and areas near them.
Proponents, including the Honolulu Department of the Prosecuting Attorney and the Honolulu Police Department, said the bill closes a public‑safety gap by protecting vulnerable shelter residents from people who deliberately distribute drugs near shelter doors. Deputy Prosecuting Attorney Venna McPherson said the measure does not criminalize homelessness but targets distributors who undermine shelter safety.
Opponents raised due‑process and policy objections. The Office of Hawaiian Affairs testified in respectful opposition, arguing that the measure relies on punitive tools that can have unintended disparate impacts, especially for Native Hawaiians, and that homeless facilities are often not obvious or permanently fixed locations — which creates notice and fairness concerns if enhanced penalties apply within a 750‑foot radius. The Drug Policy Forum of Hawaii and harm‑reduction groups also urged deferral, citing evidence that drug‑free zone laws are arbitrary and ineffective deterrents and noting fiscal costs associated with enhanced penalties.
The Honolulu Police Department offered operational support, saying shelter sites are vulnerable locations where deterrence could protect residents and staff.
Committee members noted the competing policy aims — shelter safety vs. evidence‑based homelessness response — and flagged concerns about defining 'homeless facility' and how the bill might affect mobile or pop‑up services. The chair recorded reservations and technical amendments and advanced the bill with those reservations noted in the committee report.
Next steps: the committee recommended passage with amendments and noted reservations in the record; stakeholders asked for more targeted, non‑criminal interventions (on‑site safety measures, behavioral‑health response, focused enforcement against trafficking) as alternatives.
