Marijuana: Hawaii legislator introduces pot bill nearly identical to Amendment 64

Categories: Marijuana

OGP: Oahu grown.
Could what is basically a carbon copy of Colorado's Amendment 64 help make the Aloha State the next one to pass laws legalizing the cultivation, sale and possession of marijuana in small amounts?

If Hawaii House Speaker Joseph Souki is successful, it just might.

Last week, Souki, a Democrat who has been in office since 1982, introduced House Bill 150. Like the amendment that Colorado voters just passed, Hawaii's bill would allow people 21 and over to possess and purchase up to an ounce of marijuana at a time, as well as paraphernalia. Like A64, the Hawaii bill would not create a user database and would only require a government-issued ID for purchase.

Currently, possession of an ounce or less in Hawaii is a misdemeanor charge carrying thirty days in jail and up to a $1,000 fine, while paraphernalia possession is a felony, with a punishment of up to five years in prison and a $10,000 fine. Hawaii does recognize medical marijuana, however, and patients are allowed to cultivate up to seven marijuana plants (only three can be in flower) and possess up to three ounces at a time.

Amendment 64 sponsor and newly hired Marijuana Policy Project spokesman Mason Tvert says he's unsure whether the Hawaii proposal's language was taken directly from Amendment 64, but a quick read-through pretty much confirms it. Calls to Souki were not immediately returned.

hawaii rep Joe Souki.jpg
Joe Souki.
Language in the Hawaii measure also allows for personal cultivation, but the number of plants is not yet set in stone; it's actually left blank in the most online versions of the bill.

Otherwise, the personal-cultivation section is nearly identical to Colorado's -- particularly the portion that calls for growing to take place in an enclosed, locked space. That means wonderful outdoor Hawaiian would either have to be grown indoors, in a greenhouse, or in some sort of locked cage. If you've ever been to Hawaii, you know how ridiculous that sounds, as the entire chain of islands is among the world's most perfect growing environments.

Other parts of Hawaii's HB 150 that resemble Amendment 64 include passages allowing the transfer of one ounce or less "without remuneration to a person who is 21 years of age or older," and language that prohibits open or public cannabis consumption.

In Hawaii, the county government is the foundational form of government office; there are no city governments. Two counties comprise single islands -- Hawaii and Oahu -- and the three remaining counties are groupings of smaller islands. The bill calls for all marijuana businesses to be handled by county governments, which also have the ability to ban marijuana businesses entirely -- as in Colorado.

According to a recent poll, 57 percent of Hawaii voters agree that marijuana should be regulated and small amounts made legal for adults over the age of 21.

"In Hawaii, as across the nation, arrests for marijuana possession are one of the most common ways that individuals get caught up in the criminal justice system, at great social and economic cost," says ACLU of Hawaii executive director Vanessa Chong. "These studies provide important, updated facts for the Hawaii community as we consider new directions."

More from our Marijuana archive: "Marijuana rule-breaking after Amendment 64 not a problem at resorts, says ski industry group" and "Marijuana: Differences among members of council's recreational pot committee, chair says."

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DonkeyHotay topcommenter

*** Steve Elliot, Village Voice Marijuana Blogger,  Busted for Violent Assault Against Woman ***

Toke of the Town blogger Steve Elliott was arrested and charged with Assault 4 - DV and booked at 8 pm at Kitsap County Jail in Washington on Monday. He was released on $5,000 bond Wednesday night. (Kitsap County is across the Puget Sound, west of Seattle.)

Update: Journalist Sharon Letts was at Elliott's house in Kingston one day prior to the incident. She tells CelebStoner that Elliott had recently split up with his wife of 10 years, Viki, after having an affair with an activist named Maggie Slighte . Viki moved out of their apartment in mid-November and on Dec. 1, Slighte moved in. "He cheated on his wife," says Letts. 

Elliott was previously arrested in 2005, when during a fight in Los Angeles, he assaulted a 17-year-old with a broken beer bottle. Elliott spent a year in county jail. He finished probation in November.

The 52-year-old Alabama native has exhibited a brash style during his three years at the helm of Toke of the Town, which is owned by Village Voice Media Holdings. Elliott regularly attacks readers (and even one well-known marijuana reform leader) with obscenity-laced comments. His growing reputation took a hit when he opposed legalizing marijuana in Washington.

Letts, who lives in Humboldt County and writes for Toke of the Town, High Times and Skunk, says Elliott is "quiet, private, soft-spoken. He has some hostility issues, but he's not stupid."


LOL!!  ... Stupid Stoners are as Stupid Stoners do !!

Matt Leising
Matt Leising

It's sad that our federal government can't get on board like the states have been

Kyle Stych
Kyle Stych

Being from IA I'm still astonished that they did gay marriage before weed. Of course, all the smokers from out there are already here.

Samuel Walter
Samuel Walter

Arizona, or possibly New Mexico in the 2014 cycle.

Jeff Williams
Jeff Williams

well it's starting to look like the states are sending a message to the Fed's. were tired of your get nothing done attitude. glad to see yet another state doing it gives congress heads up. they take the fiscal to the last second yet 2 days and their pay is already done lol


enclosed can simply mean a locked fence. Coloradoans can most certainly grow in a back yard space as long as there is a locking gate.

enclosed  past participle, past tense of en·close (Verb)Verb

  1. Surround or close off on all sides.
  2. Fence in (common land) so as to make it private property.


Sounds like some of the kids here need to improve their growing skils..... I smoke an ounce a week, and have absolutely no problem keeping up with 6 plants.

DonkeyHotay topcommenter

Are the Kanakas stupid enough to beg the government to shove the Fist of Regulation up their ass?


Wil, don´t forget these woppers.

Other parts of Hawaii's HB 150 that resemble Amendment 64 include

(2) Allow driving under the influence of marijuana or

5 driving while impaired by marijuana or to supersede

6 any law relating to driving under the influence of

7 marijuana or driving while impaired by marijuana, nor

8 shall this part preclude the State from enacting laws

9 and imposing penalties for driving under the influence

10 of or while impaired by marijuana;

16 (4) Prohibit a person, employer, school, hospital,

17 detention facility, corporation, or any other entity

18 who occupies, owns, or controls real property from

19 prohibiting or otherwise regulating the possession,

20 consumption, use, display, transfer, distribution,

21 sale, transportation, or growing of marijuana on or in

22 that property.

Cognitive_Dissident topcommenter

If the flowering limit is three, for God's sake don't make the total limit six or seven. Make it more like two dozen. It doesn't matter unless it's too low, like three or four. You need the ability to root something like a dozen cuttings to choose the most robust to veg.

Also, let them ban it and they will.

DonkeyHotay topcommenter

@Jeff Williams ... nonsense. 

The Feds only receive messages they want to hear, since their power reigns supreme.

The Feds recently shot down Rescheduling Marijuana.

They care not what some recalcitrant States may do, as they hold sufficient control of the fiscal purse strings to get any State back in line if they so desire.

DonkeyHotay topcommenter

@vox-populi "Coloradoans can most certainly grow in a back yard space as long as there is a locking gate."

Wrong! ... more legal BULLSHIT from another know-nothing imbecile -- Vox Ignorami

Since the drooling retards who wrote and voted for A64 failed to include a specific definition of what "AN ENCLOSED, LOCKED SPACE, ... NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE" actually requires -- or why they even included such nonsense at all -- it will be up to the REGULATORS -- the anti-marijuana bureaucrats -- to determine exactly what that entails.

Since the State REGULATORS -- being the idiots that they are -- have already outlawed outdoor cultivation wrt "medical" marijuana, you can bet that they aren't going to reverse course and allow natural, outdoor, organic production of recreational marijuana.

ENCLOSED SPACE will mean what it currently means with regards to medical marijuana cultivation -- INDOORS ... under the usual environmentally wasteful high wattage coal fired electric lights ... with coal fired electricity wasting air-conditioning fighting to keep the overheated rooms cool. Fucking pathetic.

DonkeyHotay topcommenter

@mike1963  ... well then, be sure to continue to criminalize any marijuana user/grower who isn't as cool as you are.

DonkeyHotay topcommenter

@Cognitive_Dissident  ... only complete morons and prohibitionist asswipes would request/demand a pathetically puny 3 plant limit.

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