SB319 would revise Hawaii’s marijuana possession penalties by changing the quantity thresholds that separate misdemeanor-level possession from more serious drug offenses. Under current law, possession of one ounce or more of marijuana can trigger the second-degree promoting a detrimental drug offense; the bill lowers that threshold to 30 grams. It also raises the amount of marijuana that is treated as a petty misdemeanor violation from 3 grams or less to 15 grams or less, while keeping the $130 fine for that lowest tier.
The measure is framed as a decriminalization adjustment rather than full legalization. It does not remove marijuana from the criminal code, but it would reduce criminal exposure for some possession cases by increasing the amount that falls into the lowest penalty category and by converting the second-degree threshold to a metric-weight standard. The bill also leaves intact the existing rule that possession of any marijuana can still constitute third-degree promoting a detrimental drug, subject to the bill’s specific petty misdemeanor carveout for 15 grams or less.
In terms of state law, SB319 would amend sections 712-1248 and 712-1249 of the Hawaii Revised Statutes, which govern promoting a detrimental drug in the second and third degrees. It would replace the one-ounce threshold with 30 grams, increase the petty-misdemeanor possession threshold from 3 grams to 15 grams, and preserve the current treatment of Schedule V substances and marijuana distribution offenses. The bill includes standard savings language and would take effect upon approval.
The general sentiment appears mixed to unfavorable in the final chamber vote. The bill passed Senate Judiciary unamended, but it ultimately failed on third reading in the Senate by a narrow margin, 11-12, indicating substantial support but not enough to advance. The vote pattern suggests that decriminalization-oriented changes had some backing, but not a majority.
The main point of contention is likely the policy choice to expand the amount of marijuana that can be possessed with only a minor penalty. Supporters likely viewed the bill as a modest decriminalization and modernization measure, while opponents may have objected to loosening possession penalties or to changing the state’s marijuana enforcement thresholds without broader reform. The final vote split shows that the threshold increase, rather than marijuana policy generally, was the central issue dividing senators.
Impact
SB319 would amend Hawaii’s criminal statutes on promoting a detrimental drug by lowering the marijuana quantity threshold for second-degree offenses from one ounce to 30 grams and increasing the petty-misdemeanor possession threshold from 3 grams or less to 15 grams or less. This would reduce criminal penalties for some marijuana possession cases, while leaving the overall offense structure in place and preserving existing rules for Schedule V substances and marijuana distribution.
Sentiment
The bill appears to have had moderate support but not enough to pass. It cleared Senate Judiciary unamended, but failed on third reading in the Senate by a 11-12 vote, suggesting a closely divided chamber and a mixed sentiment toward marijuana decriminalization changes.
Contention
The key controversy was how far to relax marijuana possession penalties. Supporters likely favored raising the low-level possession threshold and using a metric standard, while opponents likely viewed the change as an unwarranted reduction in criminal penalties. The final floor vote indicates the disagreement centered on the decriminalization threshold itself rather than on technical drafting issues.