Legislation

Beginning January 1, 2027, legalizes low-dose and low-potency cannabis for personal adult use by persons over the age of twenty-one, including cultivation of a certain quantity of plants at a private residence. Legalizes cannabis accessories. Requires the Office of Medical Cannabis Control and Regulation to adopt rules to effectuate the legalization of low-dose and low-potency cannabis.

Amends repeat offender sentencing provisions to allow sentencing courts, under certain circumstances, to sentence defendants in class C felony cases to probation with appropriate terms and conditions.

Amends forfeiture laws to require the owner of property seized in relation to a crime to be convicted of the covered offense before the property may be forfeited.

Establishes, for a county with a population greater than three hundred thousand, enforcement procedures to prevent domiciling or storing of personal property on public property within a bus stop area, if a person does not intend to use the public transportation services.

Establishes the Hawaiʻi Cannabis and Hemp Office within the Department of Commerce and Consumer Affairs to regulate all aspects of the cannabis plant. Contingent upon specific changes at the federal level or a state constitutional amendment, legalizes the personal adult use of cannabis and decriminalizes certain marijuana-related offenses. Beginning 1/1/2027, establishes taxes on cannabis sales. Adds new traffic offenses relating to the consumption or possession of marijuana or marijuana concentrate. Transfers the personnel and assets of the Department of Health and assets of the Department of Agriculture relating to cannabis and hemp to the Hawaiʻi Cannabis and Hemp Office. Establishes various positions within state entities. Appropriates funds.

Prohibits the assessment of any fees, fines, or court costs against a person who was adjudicated for an offense committed during the person's minority, or against the person's parent or guardian, and discharges all related debt obligations assessed before the effective date of the Act. Encourages the use of community service and other programs that employ aina-based principles. Repeals certain penalties imposed on parents, guardians, or other persons associated with unaccompanied children in streets and unmarried minors in dance halls.

Prohibits discrimination based on the perception that a person possesses certain characteristics, the perception that a person is associated with a person who possesses, or is perceived to possess, certain characteristics, or the intersection or combination of two or more specified characteristics in relation to a person.

Clarifies the procedures for assisted community treatment, examination, and hospitalization for individuals who may be mentally ill or suffering from substance abuse who are imminently dangerous to self, others, or property. Amends the procedures for involuntary hospitalizations and assisted community treatment petitions. Amends the Hawaiʻi Penal Code to streamline the determination process for penal responsibility and fitness to proceed, including requiring courts to issue orders for treatment to defendants excluded from penal responsibility due to a mental disease, disorder, or defect.

Requires certain factors to be considered when determining a defendant's financial ability to afford bail.