SR68

WHEREAS, thirty-eight states, four territories, and the District of Columbia authorize the use of medical cannabis products, and twenty-four states, three territories, and the District of Columbia have legalized the non-medical use of cannabis among adults; and

WHEREAS, the State of Hawaii has enacted:

(1) Act 228, Session Laws of Hawaii 2000, which authorized the acquisition, possession, and use of medical cannabis;

(2) Act 241, Session Laws of Hawaii 2015, which authorized the establishment and regulation of medical cannabis dispensaries; and

(3) Act 273, Session Laws of Hawaii 2019, which decriminalized the possession of a small amount of non-medical cannabis; and

WHEREAS, data submitted by the Attorney General of the State of Hawaii to the United States Department of Justice indicate that:

(1) 6,934 adults and 3,732 juveniles were arrested in Hawaii for cannabis possession from 2011 to 2019; and

(2) Even though Act 273, Session Laws of Hawaii 2019, decriminalized the possession of small amounts of cannabis, five hundred twenty-three adults and eighty‑five juveniles were arrested for cannabis possession in 2020; and

WHEREAS, arrests for cannabis possession and convictions for cannabis possession remain on various records and often impact the ability of arrested persons to obtain housing and employment; and

WHEREAS, other state governments are clearing cannabis offenses from defendants' records, and more than 2,500,000 records have been expunged or sealed since 2018; and

WHEREAS, even though states have made significant policy changes with respect to cannabis, the federal Controlled Substances Act still classifies cannabis as a Schedule I substance, which means that medical cannabis dispensaries and other cannabis-related businesses continue to face the prospect of federal seizures, forfeitures, arrests, and other enforcement and prosecution actions; and

WHEREAS, alcohol and tobacco remain outside the purview of the federal Controlled Substances Act, even though the regular use of those substances often leads to physical injuries, psychological and social harm, the onset of chronic and fatal illnesses, and other negative impacts on individual and public health; and

WHEREAS, Hawaii's medical cannabis dispensaries and other cannabis-related businesses, including those providing goods, services, property, and facilities to cannabis-related businesses, are hampered by their inability to obtain the full spectrum of private banking services under federal law; and

WHEREAS, in recent years, members of Congress have introduced legislation to facilitate the full spectrum of banking services, including deposit insurance, for cannabis-related businesses; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the United States Congress is requested to enact legislation to:

(1) Remove cannabis from the federal Controlled Substances Act;

(2) Provide support to states that are in the process of clearing cannabis offenses from defendants' records; and

(3) Facilitate the full spectrum of banking services for cannabis-related businesses; and

BE IT FURTHER RESOLVED that the members of Hawaii's congressional delegation are respectfully requested to take the steps necessary to enter the full and complete text of this Resolution into the Congressional Record; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President and Vice President of the United States; President Pro Tempore, Majority Leader, and Minority Leader of the United States Senate; Speaker, Majority Leader, and Minority Leader of the United States House of Representatives; and members of Hawaii's congressional delegation.

	OFFERED BY:	_____________________________

Report Title:

United States Congress; Federal Law; Cannabis; Records; Business

THE SENATE	S.R. NO.	68
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII