STAND. COM. REP. NO. 661

Honolulu, Hawaii

RE:    S.B. No. 879

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 879 entitled:

"A BILL FOR AN ACT RELATING TO MARIJUANA,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish a civil violation subject to a fine of $100 for intentional or knowing possession of one ounce or less of marijuana.

     Your Committee received testimony in support of this measure from the Progressive Democrats of Hawaii, Libertarian Party of Hawaii, The Drug Policy Action Group, The Drug Policy Forum of Hawaii, Alternative Pain Management Puuhonua LLC, Green Futures, Hawaii Substance Abuse Coalition, American Civil Liberties Union of Hawaii, and four individuals.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Police Department, County of Maui; Police Department, City and County of Honolulu; Police Department, County of Hawaii; Coalition for a Drug-Free Hawaii; Hawaii Family Advocates; and seven individuals.  Your Committee received comments on this measure from the Judiciary, Waihuena Farm, and one individual.

     Your Committee finds that the costs to enforce criminal marijuana possession statutes are substantial.  According to a report entitled Update to:  Budgetary Implications of Marijuana Decriminalization and Legalization for Hawai‘i, dated January 2013, by David C. Nixon, an associate professor at the University of Hawaii Public Policy Center, the enforcement costs for misdemeanor marijuana costs have skyrocketed in the State, and the cost of arrest in Hawaii for simple marijuana possession is now approximately $9,300,000 a year, with marijuana distribution enforcement costing the State an additional $3,100,000 a year.  By establishing a civil violation subject to a fine of $100 for intentional or knowing possession of one ounce or less of marijuana, your Committee does not intend to imply that such possession is acceptable and notes that possession of one ounce or less of marijuana is still prohibited conduct under state law.

     Your Committee has amended this measure by:

     (1)  Inserting language from section 11 of S.B. No. 666 (Regular Session of 2015) that amends the offense of promoting a detrimental drug in the third degree to clarify that the offense applies to the knowing possession of more than one ounce of marijuana;

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 879, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 879, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

________________________________

GILBERT S.C. KEITH-AGARAN, Chair