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THE SENATE |
S.R. NO. |
58 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE RESOLUTION
REQUESTING THE UNITED STATES CONGRESS TO enact legislation to REMOVE CANNABIS FROM THE FEDERAL CONTROLLED SUBSTANCES ACT, PROVIDE SUPPORT TO STATES THAT ARE CLEARING DEFENDANTS' RECORDS of CANNABIS OFFENSES, AND FACILITATE access to THE FULL SPECTRUM OF BANKING SERVICES FOR CANNABIS-RELATED BUSINESSES.
WHEREAS, thirty-eight states, four territories, and the District of Columbia authorize the use of medical cannabis products; and twenty-four states, three territories, and the District of Columbia have legalized the non-medical use of cannabis among adults; and
WHEREAS, the State has enacted:
(1) Act 228, Session Laws of Hawaii 2000, which authorized the acquisition, possession, and use of medical cannabis;
(2) Act 241, Session Laws of Hawaii 2015, which authorized the establishment and regulation of medical cannabis dispensaries; and
(3) Act 273, Session Laws of Hawaii 2019, which decriminalized the possession of small amounts of non‑medical cannabis; and
WHEREAS, data submitted by the State's Attorney General to the United States Department of Justice indicate that:
(1) 6,934 adults and 3,732 juveniles were arrested in Hawaiʻi for cannabis possession between 2011 and 2019; and
(2) Even though Act 273, Session Laws of Hawaii 2019, decriminalized the possession of small amounts of cannabis, five hundred twenty-three adults and eighty‑five juveniles were arrested for cannabis possession in 2020; and
WHEREAS, arrests and convictions for cannabis possession remain on record and often impact the ability of a person to obtain housing and employment; and
WHEREAS, other state governments are clearing defendants' records of cannabis offenses, and more than 2,500,000 records have been expunged or sealed since 2018; and
WHEREAS, even though states have made significant policy changes with respect to cannabis, the federal Controlled Substances Act still classifies cannabis as a Schedule I substance, which means that medical cannabis dispensaries and other cannabis-related businesses continue to face the prospect of federal seizures, forfeitures, arrests, and other enforcement and prosecution actions; and
WHEREAS, a recent demand study commissioned by the State Department of Health found that an adult-use cannabis sector would exceed $1 billion in gross sales by its fifth year of operation; and
WHEREAS, the State's medical cannabis dispensaries and other cannabis-related businesses, including those providing goods, services, property, and facilities to cannabis-related businesses, are hampered by their inability to obtain the full spectrum of private banking services under federal law; and
WHEREAS, in recent years, members of Congress have introduced legislation to facilitate access to the full spectrum of banking services, including deposit insurance, for cannabis-related businesses; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the United States Congress is requested to enact legislation to:
(1) Remove cannabis from the federal Controlled Substances Act;
(2) Provide support to states that are in the process of clearing defendants' records of cannabis offenses; and
(3) Facilitate access to the full spectrum of banking services for cannabis-related businesses; and
BE IT FURTHER RESOLVED that the members of Hawaiʻi's congressional delegation are respectfully requested to take the steps necessary to enter the full and complete text of this request into the Congressional Record; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President and Vice President of the United States; President Pro Tempore, Majority Leader, and Minority Leader of the United States Senate; Speaker, Majority Leader, and Minority Leader of the United States House of Representatives; and each member of Hawaiʻi's congressional delegation.
United States Congress; Cannabis; Controlled Substances Act