Proposal Would Shift Decision From Legislature to the Ballot
A senior Hawaii lawmaker says he plans to advance legislation this session that would allow voters to decide whether cannabis should be legalized, marking a potential shift in strategy after years of unsuccessful attempts to pass the reform through the legislature.
House Judiciary and Hawaiian Affairs Committee Chair David Tarnas (D) said the proposal would place the issue of cannabis legalization on the statewide ballot through a constitutional amendment. In an interview published Monday by Honolulu Civil Beat, Tarnas said lawmakers’ continued reluctance to act – despite polling that shows strong public support – has prompted him to consider letting voters make the final decision.
“This is kicking this particular policy decision – very selectively – to the public for a decision,” Tarnas said, adding that the approach reflects frustration with repeated legislative stalemates.
Tarnas, who has previously sponsored multiple cannabis-related bills, acknowledged that while Gov. Josh Green (D) supports legalization, the votes may not be there in the House to advance a comprehensive adult-use bill during the current session.
Legislative Resistance Continues in the House
House Speaker Nadine Nakamura (D) has publicly recognized that most Hawaii residents favor cannabis legalization. However, she has also said that some House members – particularly those representing districts on Oahu – remain opposed, creating a persistent roadblock for reform advocates.
Under Tarnas’s proposal, lawmakers would first need to approve a constitutional amendment by a two-thirds vote in both the House and Senate. If successful, the question would then be placed before voters in a statewide election.
The move would represent a significant departure from previous legislative efforts, which have sought to legalize cannabis directly through statute rather than through voter approval.
Past Reform Efforts Highlight Ongoing Challenges
Hawaii’s recent legislative history illustrates the difficulty of advancing cannabis reform, even when proposals stop short of full legalization. Last February, the Senate narrowly rejected a bill that would have expanded decriminalization by increasing the amount of cannabis a person could possess without facing criminal penalties.
That proposal would have raised the decriminalized possession limit from 3 grams to 15 grams, classifying possession below that threshold as a civil violation punishable by a $130 fine. Supporters argued the change would better align Hawaii with other states and reduce unnecessary criminal enforcement, but the measure ultimately failed by a slim margin.
Broader legalization efforts have also struggled. A Senate bill this year, SB 1613, that would have legalized cannabis for adults failed to advance out of committee before a key deadline. While advocates believed the measure had sufficient support in the Senate, it was widely assumed that the House would block the bill, as it has in previous sessions.
In 2024, a Senate-passed legalization bill met a similar fate, stalling in the House after initially advancing through committee. That vote came just days after a joint hearing in which lawmakers received nearly 300 pages of testimony from state agencies, advocacy groups, industry stakeholders and members of the public.
Incremental Cannabis Reforms Move Forward
While comprehensive legalization has remained elusive, lawmakers and regulators have continued to make incremental changes to Hawaii’s cannabis laws.
Last year, Gov. Green signed legislation allowing medical cannabis caregivers to cultivate cannabis for up to five patients, an increase from the previous limit of one. Supporters said the change would improve access for patients who struggle to obtain medicine through dispensaries.
The governor also approved legislation tightening oversight of hemp products sold in the state. The new law requires hemp distributors and retailers to register with the Department of Health and establishes additional standards aimed at consumer safety.
Medical Cannabis Program Continues to Expand
Regulators have also finalized new rules expanding the range of products that medical cannabis dispensaries may sell. The changes allow dispensaries to offer items such as dry herb vaporizers, rolling papers and grinders, and clarify that cannabis oils and concentrates may be marketed for inhalation.
State health officials have expressed support for federal cannabis rescheduling and are developing educational programs for physicians and other healthcare professionals as the medical cannabis program continues to grow.
At the same time, some advocates have raised privacy concerns about provisions included in a medical cannabis expansion law signed last summer that allow the Department of Health broad access to patient records held by physicians.
Preparing for Possible Adult-Use Legalization
In recent months, regulators have solicited proposals to evaluate Hawaii’s existing medical cannabis program and to estimate potential demand should the state eventually move forward with adult-use cannabis sales. Some observers view the move as a sign that state agencies are quietly preparing for legalization, even as lawmakers remain divided.
Whether through legislative action or a voter referendum, Tarnas said the issue is unlikely to fade, arguing that continued inaction runs counter to public sentiment and national trends toward legalization.
As Hawaii weighs the future of adult-use cannabis, preparation will matter as much as policy. Our cannabis consulting team helps operators, investors, and policymakers understand evolving regulatory landscapes and plan for what comes next. Connect with us to start preparing now!
