Momentum is growing in Hawaii to legalize recreational marijuana.
Although marijuana use for medical purposes has been available through dispensaries in Hawaii since 2016, recreational use of marijuana remains illegal, even as other states lower their pot restrictions. Currently, 19 states and the District of Columbia have legalized recreational use of cannabis by adults.
But with a new governor set to take over next year after Gov. David Ige leaves office, some are hopeful that Hawaii soon could become the 20th state in that list.
Hilo Rep. Chris Todd, who co-introduced a failed 2022 bill that would have fully legalized recreational use of marijuana in the state, said legalization is “more likely in the upcoming years than it has ever been.”
Todd said he feels that legalization is inevitable in Hawaii and is generally popular among voters, but has been largely stymied by a reluctant administration. He added that his bill failed before leaving the House because lawmakers were unwilling to devote much effort to passing a bill that would almost certainly end up getting vetoed.
“I think Gov. Ige didn’t want to open Pandora’s box,” said Todd. “As far as the Legislature’s actual climate goes, it’s still a mixed issue. People are still pretty polarized on it.”
But, Todd added, “anyone with eyes knows people are already smoking here,” and said that the question becomes whether the state can put up a structure for a legitimate marijuana market that can compete with the robust black market.
During a livestreamed interview Monday, Tai Cheng, chairman of the Hawaii Cannabis Industry Association, said a task force — the Dual Use of Cannabis Task Force — is discussing what form a legalized market would look like in Hawaii and is preparing to make recommendations to the Legislature.
“If we look to other states on the mainland, it is a common timeline to see home growing to begin, the authorization of medical cannabis, the decriminalization of small amounts of cannabis, and then the opening of medical dispensaries that are able to grow and sell cannabis to medical patients. And then, further on the line, states move on so that anyone over 21 can purchase and consume cannabis,” Cheng said. “The important thing is that … we make sure the medical patients are protected and that there is enough cannabis medicine at that time to supply and provide for patients.”
Jaclyn Moore, CEO of dispensary Big Island Grown, said in a statement that medical users are still underserved by the current system.
“Recreational users as well as many medical patients must currently rely on the illicit market and risk exposure to criminal elements or unsafe, contaminated cannabis,” Moore said. “A properly regulated industry would help to ensure cannabis can be safely accessed by responsible adults while also helping the state to capture tax revenue that is currently lost to the illicit market.”
On that last point, the state stands to benefit greatly from legalizing — and taxing — a product that is already widely used. Cheng said the state already collects about $50 million from liquor taxes per year, and estimated that tax revenues on marijuana products could be about the same following legalization.
Cheng said the current value of the medical marijuana market in Hawaii is about $270 million, and the estimated value of a recreational market is more than $400 million.
Todd said that, while the revenue potential for recreational marijuana is important, it shouldn’t be the “end-all, be-all” factor that determines legalization.
“We should just do it anyway, because prohibition clearly hasn’t worked here,” Todd said.
At the same time, Todd said the state needs to act quickly to avoid being beaten to the punch by the federal government. Colorado Sen. John Hickenlooper announced Thursday that he will introduce a bill this month that will create a federal commission to pave the way for legalization nationwide.
“I think what people are worried about is if we end up with the federal government legalizing it before us, then we run the risk of not having a structure to deal with it,” Todd said. “Or getting overrun by these big corporate distributors.”
“Ultimately, the details of these regulations will need to be worked out by legislators and key stakeholders,” Moore said. “However, we are all hopeful that we can finally adopt laws for adult use that will support safety, provide tax revenue, and avoid costly social impacts of continuing to criminalize cannabis use.”
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.