David Tarnas’s early tenure in the Hawai?i House of Representatives began nearly three decades ago, with cannabis already at the forefront of political discussions. Over the years, the state has progressed to allow medical marijuana and its commercial sale through dispensaries. It has also decriminalized the possession of small amounts—up to three grams—of marijuana for adults over 21. However, lawmakers are still debating the matter of recreational marijuana use.
In the current legislative session, House Bill 1246 has reemerged, proposing the legalization of personal marijuana use for adults aged 21 and older starting in 2026. This bill not only aims for legalization but also intends to establish a new regulatory agency under the Department of Commerce and Consumer Affairs, tasked with overseeing both recreational and medical cannabis, along with hemp products, which contain minimal THC levels. This regulatory framework would include imposing taxes on retail sales.
Tarnas, who previously lost his reelection in 1998 yet returned to office in 2018 representing his Big Island constituency, is a significant figure in this cannabis legislative effort. Recently, he chaired the House Judiciary and Hawaiian Affairs Committee that advanced HB 1246, alongside the House Agriculture and Food Systems Committee’s approval. Tarnas has dedicated considerable effort into this legislation, incorporating extensive feedback from experts in various states, including Massachusetts, that have more established cannabis laws.
According to Tarnas, a comprehensive and legally sound approach is essential as Hawai?i moves forward with this issue. To further inform the public about the bill, his committee’s website features detailed resources, including a section for frequently asked questions. The proposed legislation is extensive, nearly 50,000 words long, and still needs to pass through two more House committees, with the powerful Finance Committee being one of them.
At this early stage of the legislative process in Hawai?i, financial specifics related to the hiring within the proposed Hawai?i Cannabis and Hemp Office, state cannabis testing facilities, and public health initiatives are not yet outlined in HB 1246. If this legislation successfully navigates the House, it must undergo similar scrutiny in the Senate. Currently, its Senate counterpart, Senate Bill 1613, lacks a scheduled hearing, possibly indicating that senators prefer to let the House take the lead for now.
Complicating matters further, marijuana remains classified as a Schedule I substance at the federal level, alongside drugs such as heroin and LSD. This classification signifies the drugs have “no currently accepted medical use” and a high potential for abuse, according to federal authorities. However, there is a growing movement to reassess the classification of marijuana, acknowledging its potential medical benefits, even as its legal status fluctuates.
Tarnas is hopeful that Hawai?i will follow the lead of 24 other states and Washington D.C. by legalizing recreational marijuana for adults. He characterized this legislative effort as “an important matter,” acknowledging that societal perceptions have shifted since the early 1990s when Hawaii was not prepared for such a move.
Beyond HB 1246, there are other measures in the 2025 Legislature addressing cannabis; however, only one pushes for recreational use through a proposed constitutional amendment. This amendment must be heard before an approaching legislative deadline to remain in consideration and would empower the Legislature to regulate both the distribution and taxation of cannabis, mirroring the aims of Tarnas’s bill.
The bill asserts that societal attitudes have evolved, and states that have legalized marijuana have done so for compelling reasons; these include reallocating law enforcement resources to more serious crimes, fostering criminal justice reform, shifting public sentiment, and addressing social equity concerns. The measure highlights that states embracing recreational cannabis have also reaped financial rewards through generated tax revenue, licensing fees, and sales taxes.
HB 1246 proposes a “dual-system program” for both medical and recreational marijuana, reflecting recommendations from a 2021 task force while treating all cannabis varieties as a singular plant. The bill further notes that the federal 2018 Farm Bill has exempted hemp from Schedule I to promote its development as a valuable agricultural product, emphasizing its potential for significant revenue generation in Hawai?i.
The legislation also emphasizes the critical role of state and county law enforcement agencies in combating illicit marijuana operations, including input from the attorney general and other law enforcement entities in its stipulations.
Tarnas has built upon a prior legislative effort from last session that ultimately failed. Described as a similarly structured measure, Senate Bill 3335 gained traction passing through the Senate and two House committees before facing opposition that ultimately halted its progress.
As usual, public testimony has played a significant role in shaping legislative discussions. In the case of HB 1246, nearly 300 pages of written testimony emerged prior to the recent committee consideration, showing support from 96 individuals while 135 expressed opposition.
Arguments for legalization typically focus on cannabis’s recognized health benefits, comparison to alcohol regulation, prevalence of illegal marijuana access, and potential economic benefits through job creation and state revenue. Conversely, critics raise concerns about its legal categorization at the federal level, potential health risks, and apprehension over youth exposure and increased substance abuse.
Support for HB 1246 includes endorsements from organizations like the Democratic Party of Hawai?i, which argues that establishing the Hawai?i Cannabis and Hemp Office would create a robust regulatory framework for cultivation, sales, and consumer safety while consolidating oversight tasks to enhance governmental efficiency.
Meanwhile, some officials like Honolulu’s Prosecuting Attorney Steve Alm have voiced concerns about potential mental health repercussions associated with marijuana usage, including increased incidents of psychiatric disorders. Alm has emphasized the risks of legalizing marijuana and the possibility it presents for public health, including emergency room admissions due to accidents linked to impaired driving.
Written testimonies also indicated that several state agencies necessitate a longer implementation timeline than what the bill currently prescribes. They prefer an 18-month lead time for proper preparation rather than the six months outlined in the bill.
Tarnas has assured that public education campaigns will be prioritized before the legalization process begins. He indicated that the bill would be amended to address various agency concerns moving forward. As it stands, HB 1246 is poised for further hearings in the House Consumer Protection and Commerce Committee.
