Criminal Justice

Prohibits persons from operating a medical cannabis dispensary or cultivating cannabis without a license from the Department of Health. Prohibits individuals from providing certain services to individuals engaging in unlicensed cannabis operations. Requires the Department of Health to send a cease and desist notice to violators. Establishes criminal penalties. Establishes an affirmative defense for, and a conclusive basis for certain violations. Establishes exceptions. Establishes a cannabis cultivator license to authorize the cultivation and distribution of cannabis plants. Requires the Department of Health to only issue one cannabis cultivator license for each person. Establishes limits on: (1) the number of cannabis cultivator licenses the Department of Health may issue; (2) the maximum size of plant canopy for indoor and outdoor cultivations for each cannabis cultivator license; and (3) the maximum plant count of mature cannabis plants for each cannabis cultivator license. Authorizes expenditures from the Medical Cannabis Registry and Regulation Special Fund to fund programs for the mitigation and abatement of nuisances relating to chapter 329D, HRS. Appropriates funds out of the Medical Cannabis Registry and Regulation Special Fund for the Department of Attorney General to enforce, and mitigate nuisances relating to, chapter 329D, HRS. Effective 12/31/2050. (SD2)

Beginning July 1, 2025, extends the term of the Oversight Coordinator for the Hawaii Correctional System Oversight Commission. Clarifies that the Oversight Coordinator has the general authority to inspect agencies and correctional facilities without notice. (SD2)

Establishes the right of a person to record law enforcement activities. Establishes a private right of action for any violation of the right to record law enforcement activities. Effective 7/1/3000. (HD2)

Prohibits a landlord or the landlord's agent from charging an application fee for a criminal background check or credit report if an applicant provides a certified copy of a criminal background check or credit report. Prohibits a landlord or the landlord's agent from charging an application fee if a comprehensive reusable tenant screening report is available. Requires a landlord or the landlord's agent to provide, upon request, a certified copy of an applicant's criminal background check or credit report. Effective 7/1/2050. (SD1)

SB 279 aligns the legal possession thresholds for fentanyl with those for methamphetamine, heroin, morphine, and cocaine. This means the amount of fentanyl that triggers criminal penalties will now match the established thresholds for these other serious drugs. The bill directly affects individuals possessing fentanyl, as it changes the point at which possession becomes a criminal offense under current law. This is a policy change to standardize penalties for fentanyl with other high-level controlled substances.

SB 371 creates new criminal offenses for damaging critical infrastructure facilities, establishing distinct penalties for first-degree (more severe) and second-degree property damage. It directly affects individuals who intentionally damage facilities like power plants, water treatment centers, or communication hubs. The bill defines "critical infrastructure facilities" and sets specific criminal penalties for property damage to these sites. This law aims to strengthen legal protections for essential public infrastructure systems.

Permanently establishes and appropriates funds for the Community Outreach Court as a division of the District Court of the First Circuit. Effective 4/23/2057. (HD1)

Defines "reported hate crime". Requires reporting of all possible reported hate crimes to appropriate authorities, including consistent documentation and analysis of such incidents. Requires law enforcement officers to receive annual training to identify, investigate, and document hate crimes and possible hate crimes. Requires the Attorney General to establish or update guidelines, protocols, and training materials for the reporting and investigation of hate crimes and possible hate crimes. Effective 7/1/2077. (SD1)

Prohibits the assessment of any fees, fines, or court costs against a person who was adjudicated for an offense committed during the person's minority, or against the person's parent or guardian, and discharges all related debt obligations assessed before the effective date of the Act. Limits court-ordered community service for a minor to no more than seventy-two hours. Repeals certain penalties imposed on parents, guardians, or other persons associated with unaccompanied children in streets and unmarried minors in dance halls. Effective 7/1/3000. (HD2)

Authorizes periods of imprisonment for individuals with previous arson convictions. Authorizes additional penalties for arson crimes that endanger vulnerable areas. Requires restitution for victims of arson who experienced property damage. Effective 7/1/2077. (SD1)