NEWS RELEASE

STATE SENATOR J. KALANI ENGLISH INTRODUCES BILL TO DECRIMINALIZE MARIJUANA

Proposal would reduce costs of enforcement, prosecution, and incarceration.

HONOLULU – Hawaii State Senator J. Kalani English (District 6 - Hana, East and Upcountry Maui, Moloka'i, Lana'i and Kaho'olawe) today introduced legislation to decriminalize the possession of an ounce or less of marijuana, thereby reducing the costs of enforcement of existing laws, and eliminating the cost of prosecuting and incarcerating those who possess small amounts of marijuana not intended for sale or distribution. Senate Bill 2450 would impose a fine of not more than $100 for possession of an ounce or less; the fines would be deposited into the "early intervention special fund" to expand and enhance early intervention services for infants and toddlers with developmental delays or at biological or environmental risk.

Nineteen other Senators joined English in signing the proposed legislation.

"We're not talking about legalizing marijuana," said English. "Possession would still be against the law. But possession of less than an ounce of marijuana would be a civil violation, meaning paying a fine like a speeding ticket, rather than a criminal matter requiring prosecution."

By making the possession of small amounts of marijuana a civil violation, rather than a criminal violation, Hawaii would join states such as Maine, Massachusetts, Nebraska and New York, and cities in Michigan and Missouri, that have taken similar action to decriminalize marijuana possession.

"I believe we have come to the point where the benefits of establishing a civil violation for the possession of small amounts of marijuana for outweigh the costs and benefits of the current criminal treatment of the offense," said English. "Studies of other states that have decriminalized possessing small amounts of marijuana have found that decriminalization caused no increase in marijuana use. Also, decriminalization had virtually no effect on the choice or frequency of using alcohol or harder drugs like cocaine. On the other hand, these locales have seen a significant reduction of expenses for arrests and prosecutions."

"Clearly it is time to re-examine our priorities," English continued. "We know the current law doesn't have any deterrent effect—studies tell us that—and enforcing those laws is costing us money that could be better spent on other, more pressing problems."

"I know that this is a provocative proposal and something that is 'out of the box' for a lot of people in our community. I hope it opens up a discussion because it's a discussion we need to have in terms of our criminal justice system, our public policy priorities, and our financial priorities."

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