HB 1246 Hawaii House · 2026 Regular Session

RELATING TO CANNABIS.

Summary
Establishes the Hawaii Cannabis and Hemp Office within the Department of Commerce and Consumer Affairs to regulate all aspects of the cannabis plant. Beginning 1/1/2026, legalizes the personal adult use of cannabis. Establishes taxes on the retail sale of adult-use cannabis and the sale of medical cannabis. Adds new traffic offenses relating to the consumption or possession of marijuana or marijuana concentrate. Makes conforming amendments related to the legalization of personal adult use of cannabis. Beginning 1/1/2026, decriminalizes certain drug offenses related to marijuana and marijuana concentrate. Transfers the personnel and assets of the Department of Health and assets of the Department of Agriculture relating to cannabis to the Hawaii Cannabis and Hemp Office. Establishes various positions within state entities to regulate the personal adult use of cannabis. Appropriates funds. Effective 7/1/3000. (HD1)
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 22, 2025 Last action Dec 8, 2025
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What changed between versions

HB1246 HB1246_HD1 · 12 edits
MAJOR
The House Draft 1 version of HB 1246 makes several substantive policy changes to Hawaii's cannabis regulation bill, including tripling THC limits for tinctures, broadening prohibited activities in vehicles and schools beyond just 'use' to include manufacture, distribution, dispensing, and possession, removing the randomized lottery reference from license selection procedures, adding 'legacy growers' as a protected category, and tightening vehicle storage rules. The office is also renamed from 'Hawaii hemp and cannabis office' to 'Hawaii cannabis and hemp office,' reflecting a shift in emphasis toward cannabis regulation over hemp.
REQUIREMENT

Tincture THC limits tripled: per-serving limit increased from 1 mg to 3 mg of THC, and per-bottle limit increased from 30 mg to 90 mg of THC.

Removed the phrase 'including by randomized lottery selection' from the office's rulemaking authority over license and permit award procedures. The office retains broad authority to establish selection procedures but the specific reference to randomized lottery is gone.

Vehicle visibility/storage provision tightened: removed the exception for marijuana concealed on a passenger's person or in personal property. Now only marijuana stored in a trunk, luggage compartment, or similar location is exempt from the plain-sight prohibition.

Drug testing exception in employment provisions expanded: added 'or executive order' alongside federal requirements and collective bargaining agreements as a permissible basis for conducting drug testing and disciplining employees based on results.

SCOPE

Prohibited activities in school vehicles, public transportation, and moving vehicles broadened from 'the medical use of cannabis' (and 'any use of cannabis' for adults) to 'the manufacture, distribution, dispensing, possession, or medical use of cannabis' (and 'any manufacture, distribution, dispensing, possession, or use of cannabis' for adults). This closes a gap where non-use activities in those locations were not explicitly prohibited.

Renamed the regulatory body from 'Hawaii hemp and cannabis office' to 'Hawaii cannabis and hemp office' throughout the bill, placing cannabis before hemp in the name.

Packaging and labeling compliance references broadened from 'in accordance with this section' to 'in accordance with this chapter,' meaning packaging and labeling must comply with the entire chapter's requirements, not just the specific packaging or labeling section.

Added to the legislative findings a provision that colleges and universities may allow medical use of cannabis by faculty members or students while within faculty or student housing, in addition to the existing authorization for persons 21+ on campus grounds.

ELIGIBILITY

Added 'legacy growers' as a category to be promoted in two places: (1) in rules encouraging participation in the regulated cannabis industry by farmers and agricultural businesses, and (2) in the criteria for granting craft cannabis dispensary licenses. This creates a new protected class of applicants.

Out-of-state medical cannabis patient registration: added 'or equivalent certificate' as an acceptable form of identification alongside a valid photographic ID card or driver's license from the issuing jurisdiction. This broadens what documents out-of-state patients can use to register.

Licensing residency requirement exemption narrowed and expanded: the exemption for the five-year residency requirement now applies only to 'part VIII' (previously 'parts VII and VIII') but adds an exception for medical cannabis dispensaries that converted their operations under section 41 of a prior 2025 act.

TIMELINE

Added a new tolling provision to the tax statute of limitations: the period is tolled while an appeal of the assessment is pending before the taxation board of review or the tax appeal court, from the date the notice of appeal is filed until a final decision is issued or the case is withdrawn or dismissed.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
9
Key actions
2
Committee
5
Feb 6, 2025
Committee
Recommitted to JHA/AGR with Representative(s) Amato, Belatti, Cochran, Iwamoto, Perruso, Souza voting no and Representative(s) Ward excused.
lower
Feb 6, 2025
Committee
Reported from JHA/AGR (Stand. Com. Rep. No. 247) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
lower
Feb 4, 2025
Lower · Passed
The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Kahaloa, Kusch, Lowen, Quinlan; Ayes with reservations: Representative(s) Perruso; Noes: none; and 1 Excused: Representative(s) Ward.
lower
Feb 4, 2025
Lower · Passed
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Todd; Ayes with reservations: Representative(s) Perruso; 4 Noes: Representative(s) Hashem, Takayama, Garcia, Shimizu; and 1 Excused: Representative(s) Cochran.
lower
Jan 27, 2025
Committee
Referred to JHA/AGR, CPC, FIN, referral sheet 4
lower
Jan 23, 2025
Introduced
Introduced and Pass First Reading.
lower
Jan 22, 2025
Introduced
Pending introduction.
lower
13 primary · 0 co-sponsors

Sponsors