Summary — SCR 85 (2025): Requesting Congress to deschedule cannabis, support record-clearing, and enable full banking services
Status and procedural posture
- Title: Requesting the United States Congress to remove cannabis from the federal Controlled Substances Act, provide support to states that are in the process of clearing cannabis offenses from defendants' records, and facilitate the full spectrum of banking services for cannabis‑related businesses.
- Bill type: Concurrent resolution (non‑binding statement/request to the U.S. Congress).
- Introduced: May 22, 2025. Referred to EIG and JDC. Sponsor: Sen. San Buenaventura. Companion: SR 68. The resolution requests transmittal to federal leaders and Hawaii’s congressional delegation.
Purpose and intent
- To formally request that the U.S. Congress take three actions: (1) remove cannabis from the federal Controlled Substances Act (deschedule), (2) provide support to states engaged in clearing or sealing cannabis‑related criminal records, and (3) facilitate access to the full range of banking services (including deposit insurance) for cannabis‑related businesses.
Key provisions (what the resolution asks Congress to do)
1. Remove cannabis from the federal Controlled Substances Act (i.e., deschedule cannabis at the federal level).
2. Provide federal support to states that are clearing, sealing, or expunging cannabis offenses from defendants’ records.
3. Enact measures to facilitate the full spectrum of banking services for cannabis businesses (addressing obstacles created by federal classification that limit private banking, insurance, and deposit protections).
Background and rationale included in the text
- Notes widespread state-level cannabis policy changes (medical and adult‑use in many jurisdictions), Hawaii’s own cannabis statutes (Acts from 2000, 2015, 2019), and ongoing arrests in Hawaii despite decriminalization (6,934 adults and 3,732 juveniles arrested 2011–2019; 523 adults and 85 juveniles arrested in 2020).
- Cites that over 2.5 million records nationwide have been expunged or sealed since 2018 and highlights the mismatch between state reforms and continuing federal Schedule I classification, which limits banking and exposes businesses and individuals to federal enforcement.
Who would be affected
- Cannabis consumers and patients, individuals with prior cannabis arrests/convictions (who may benefit from record‑clearing support), state criminal justice systems, licensed cannabis businesses and ancillary service providers, financial institutions, and federal agencies charged with drug enforcement and banking regulation.
Limitations and implications
- As a concurrent resolution, SCR 85 does not change federal or state law; it expresses the legislature’s position and requests federal action. Actual effects depend on whether Congress adopts enabling legislation (descheduling, funding/support for state record relief, and banking reforms). If enacted by Congress, the requested actions could reduce federal enforcement risk, expand banking access for cannabis businesses, and speed relief for people with cannabis convictions.
