Apr. 6—All bills must pass three readings in both the House and Senate and differences between the Senate and House versions of SB 2487 mean it will likely head to conference committee before the end of the session on May 3.

The effort to decriminalize marijuana use in Hawaii remains alive with the full House voting Friday to pass it on the necessary third reading, but with opposition from 14 Democrats and all of the Republicans present in the 51-member House.

State Rep. David Tarnas (D, Hawi-Waimea-Waikoloa ) voted in support and clarified misstatements made by his House colleagues during Wednesday’s floor session during the second reading of the latest version of Senate Bill 2487.

Tarnas corrected statements that possession of two ounces of marijuana would result in a fine of only $25. In fact, Tarnas said any amount over one ounce would be a petty misdemeanor and two ounces or more would be a misdemeanor for possession.

And Tarnas, chair of the House Committee on Judiciary and Hawaiian Affairs, said he inserted language that would create a new offense of smoking cannabis in public, punishable by a fine of $130.

Rep. Scot Mata ­yoshi (D, Kaneohe-Maunawili ) apologized to Tarnas for mischaracterizing the possession and fine levels on Wednesday and said he appreciates that the bill now makes smoking cannabis in public illegal. But he still opposed SB 2487.

Rep. Gene Ward (R, Hawaii Kai-Kalama Valley ) also voted no and called the bill “de facto recreational legalization ” after a bill that would have allowed recreational use for adults stalled on Tuesday in the House Finance Committee after failing to be scheduled for a vote.

The proposed fine of $25 for less than an ounce of cannabis under SB 2487 would be $10 less than the cheapest parking ticket in Honolulu, Ward said, waving a prop yellow ticket.

With a fine for marijuana less than a parking ticket, Ward said, “I think we’ve reached an extreme absurdity.”

All bills must pass three readings in both the House and Senate and differences between the Senate and House versions of SB 2487 mean it will likely head to conference committee before the end of the session on May 3.

Its fate remains uncertain, especially given on-going opposition from House Democrats.

Also on Friday, a bill that would expunge marijuana arrest records for more than 50, 000 people who were arrested—but never convicted—before Jan. 11, 2020, passed out of the Senate Ways and Means Committee.

House Bill 1595 would require the state Attorney General to create a pilot project to expunge low-level arrest records for marijuana possession.

But the records would still be accessible to : “A court of law or an agency thereof that is preparing a presentence investigation for the court, ” according to the bill. “An agency of the federal or state government that is considering the subject person for a position immediately and directly affecting the national or state security ; or a law enforcement agency acting within the scope of its duties.”

As of March 10, according to HB 1595, over 50, 000 people still have Hawaii arrest records for possession of less than an ounce of marijuana in which “The criminal case terminated with a final disposition other than a conviction.”

Unlike the bills to legalize or decriminalize cannabis use, hearings on HB 1595 have drawn a wide range of support, including from the state Judiciary and a hui of over 150 small businesses called the Chamber of Sustainable Commerce that argued that businesses are struggling to hire enough employees while potential applicants are held back by their arrests without convictions.

The American Civil Liberties Union of Hawaii wrote in support of HB 1595 that “Research confirms that criminal records create barriers and in some cases block access to jobs, housing, education, participating in public programs and services, insurance, or participating fully in social and civil community life. These barriers have a ripple effect on families and their local communities and economies, disparately impacting Native Hawaiian and Pacific Islanders in Hawai’i.

“According to Prison Policy Initiative and the National Resource Re-entry Center, a criminal record reduces a job seeker’s chance of getting a callback or job offer by nearly 50 %. In stark contrast, expungement helps people move on with their lives and get back to work.

“Research from the University of Michigan finds that people are 11 percent more likely to be employed and are earning 22 percent higher wages one year after a record has been cleared.”

The Democratic Party of Hawaii noted that President Joe Biden on Oct. 6, 2022, pardoned 6, 500 people who had been convicted of federal cannabis possession between 1992 and 2021.

“President Biden also urged governors throughout the country to follow his lead and provide similar legal relief for those who have entered the criminal justice system for cannabis convictions, ” the Democratic Party wrote in support of HB 1595.