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On election night Nov. 6, marijuana smokers gathered at Seattle’s Space Needle and fired up their bongs, joints and pipes.

In an historic shift, voters in Washington state and Colorado had just legalized pot for recreational use.

Could the same happen in Hawaii?

Not only have things shifted nationally, but the Democratic Party of Hawaii passed resolutions at its state convention in May calling for the repeal of cannabis prohibition. Democrats control both chambers in the Hawaii Legislature.

Hawaii is already along with the District of Columbia that allow for use of medical marijuana.

And, lawmakers have previously considered relaxing Hawaii’s pot prohibition. Two years ago, a pakalolo decriminalization measure passed the state Senate 24-1. It would have made possession of one ounce or less of marijuana a civil violation subject to a $100 fine.

The state House of Representatives declined to hear the bill. But, the House is now undergoing a major leadership reorganization that could result in a more progressive legislative body inclined to change Hawaii’s pot laws.

Asked if decriminalization legislation might be introduced next year, a spokeswoman for the state Senate said, “There are no plans at this time, however any senator may introduce a bill or bills relating to the matter and it will be considered like any other piece of legislation.”

Rep. Gil Keith-Agaran, the current chairman of the House Judiciary and a possible majority leader under a Speaker Joe Souki, said it might be best to first see how the new laws play out.

“There will be some sentiment in the House to wait and see what happens,” said Keith-Agaran, who was co-sponsor that would have assessed a $500 penalty for adults caught with less than an ounce rather than a more severe penalty. “As we saw with medical marijuana laws, where the rubber meets the road is, ‘What is the federal reaction?’ If they are still going to prosecute, would we be setting up our residents for charges being filed by the federal government?”

Will The Feds Intervene?

The reason the U.S. Justice Department would intervene is because marijuana is classified as a Schedule I drug on par with heroin, peyote, Quaaludes, LSD and Ecstasy.

According to the Drug Enforcement Agency, “Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.”

Attorney General Eric Holder said last week that he would announce a new policy on the state laws “relatively soon.”

But on Friday, President Barack Obama — Holder’s boss and an admitted pot smoker during his Punahou School days — said cracking down on pot was not high on his to-do list.

“We’ve got bigger fish to fry,” , adding: “It would not make sense for us to see a top priority as going after recreational users in states that have determined that it’s legal.”

Washington and Colorado are still working on how the new laws will be implemented, including how pot will be sold and regulated.

For example, those pot smokers at the Space Needle violated a public smoking ban. Seattle cops chose to issue them verbal warnings rather than mete out more severe punishment.

In Colorado, “legal, recreational marijuana sales can only occur through licensed pot shops,” .

But this much is clear: In Washington and Colorado, people 21 years of age and older will be able to legally hold up to an ounce of marijuana.

Meanwhile, the U.S. Congress is responding to the new state laws.

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) said Dec. 13 that he plans a hearing next year “to ask the administration how it plans to handle the differences in federal and state laws on marijuana policy,” according to .

reports that “a bipartisan group of House lawmakers wants to ensure that with their marijuana laws without federal interference and has introduced legislation to make that happen.”

Attitudes toward legalizing marijuana appear to be following the trend toward legalizing gay marriage, something that Hawaii lawmakers may also be considering in 2013.

A recent poll shows that “51 percent of voters believe the country’s , while 44 percent do not.”

Another poll, , found “47 percent support legalization, and 47 percent oppose it,” which reflects an uptick for support.

Both polls said more Democrats than Republicans are in favor of legalization.

Hawaii Legislation

Rep. Keith-Agaran noted that the Senate bill that died in 2011 was “more comprehensive” than what Washington and Colorado passed but also stopped short of full legalization for recreational use.

In addition to making possession of an ounce or less of pot a civil violation subject to a small fine, also called for other changes to state law. They included deleting Board of Education reporting requirements for students possessing one ounce or less of marijuana and clarifying that medical marijuana patients and primary caregivers “may assert affirmative defense to prosecution, criminal or civil, involving possession of one ounce or less of marijuana.”

SB 1460 was co-introduced by 20 senators, all but one of whom are still in the Senate. The bill states that four other states as well as cities in two other states had enacted laws or ordinances making pot subject to a civil violation, while others were making the prosecution of marijuana possession “the lowest police priority.”

“The legislature finds that in Hawaii, as in these other areas, the benefits of establishing a civil violation for the possession of small amounts of marijuana far outweigh the benefits of the current criminal treatment of this offense,” .

Cost is a factor in the push for decriminalization.

Citing a 2007 study, the bill said local state and county law enforcement agencies spend $4.1 million per year to enforce marijuana possession laws, and that $2.1 million is spent by the courts each year to process marijuana possession cases.

Despite spending all that money spent on law enforcement, resulting conviction rates were very low. As well, low conviction and arrest rates did not act as a deterrent to marijuana users.

SB 1460 was opposed by the state Department of the Attorney General, Honolulu’s Department of the Prosecuting Attorney and the Hawaii County Office of the Prosecuting Attorney.

Supporters included Hawaii’s Libertarian Party, the NORML Foundation (it stands for the National Organization for the Reform of Marijuana Laws), the American Civil Liberties Union of Hawaii, the Drug Policy Forum of Hawaii and the Natural Cancer Wellness Foundation.

Renewed Support

Some of the same supporters of SB 1460 believe the Legislature should revisit the matter of marijuana dicriminalization.

“What happened on election day changed everything,” said Pamela Lichty, president of the . “Everybody was sort of waiting to see what happened to the initiatives in Washington and Colorado. It means moving away from penalties to setting up a system of taxation, regulation and control to get revenue for the states. But, having said that, everyone is waiting to see what the federal government is going to do.”

Lichty also observed that Hawaii does not have an state initiative mechanism that allows issues to be placed directly on the ballot.

But Tracy Ryan of believes discussions can begin to address legalization. She pointed out that Hawaii Democrats relating to cannabis at their party convention this year.

The resolutions urge all Democratic elected officials at all levels to “work to end cannabis prohibition” and call on the Legislature to “enact legislation to tax, regulate and control the commercial production, distribution and use of cannabis and to legalize the cultivation of cannabis sufficient for personal use at private premises.”

Another resolution, this one regarding the posting of bail, makes reference to the case of Hilo resident Roger Christie, who has been held at the Federal Detention Center in Honolulu for more than two years awaiting charges on possessing and dealing marijuana.

Christie argues he has a religious right to use cannabis and, legal charges aside, he should at minimum be allowed to post bail. But courts have ruled that Christie might be a danger to society.

There already exists precedent for relaxing Hawaii laws on pot.

In 2008, Hawaii County voters approved a ballot question that made cannabis the “lowest priority” for police and prosecutors.

“We are still in the talking stage, and there will no doubt be a discussion at the Legislature on what direction to go,” Ryan said about possible new legislation. “We are not emphasizing specifically any bill yet. But it is obvious that tens of thousands of people in Hawaii are waiting for it to be legal. If there is a pro-pot state, it is probably Hawaii.”