Hawai’i Enacts New Laws that Provide Retroactive Relief for Those Criminalized During the War on Drugs

Frank Stiefel • June 25, 2024

On June 21st, Governor Green signed House Bill 1595 (HB 1595) into law. The bill will create a pilot for the creation of a state-initiated expungement process for individuals with non-conviction records for cannabis possession. 


Over the past year, Last Prisoner Project (LPP), ACLU of Hawai’i and the Hawai'i Innocence Project/Beyond Guilt Clinic have been working closely with Representative David Tarnas, Chair of the Hawai'i State House Committee on Judiciary and Hawaiian Affairs, to figure out relief pathways for those criminalized during the War on Drugs.
Data shows that nearly 40,000 individuals in Hawai'i carry a criminal record for cannabis possession. Representative Tarnas introduced HB 1595 in order to address the numerous collateral consequences that individuals face for having a criminal record for cannabis possession. The bill has been amended since its introduction to reflect the preferred approach of the Department of the Attorney General but it will still serve as a blueprint for how Hawai’i can begin to provide retroactive relief to the thousands of individuals who continue to suffer the consequences of having a criminal record for cannabis possession, an offense that has been decriminalized since 2019. Hawai'i now becomes the 25th state to create a cannabis-specific expungement process. 


“I believe our state has an obligation to ensure that individuals who continue to suffer the consequences of an outdated law have an opportunity to finally move on with their lives. HB 1595 is a pilot for a state-initiated expungement process for individuals who have a criminal record for cannabis possession. The pilot will allow us to learn how to best expand this state-initiated expungement process to ensure that every individual that has been impacted by a criminal record for cannabis possession is provided retroactive relief,” said Representative David Tarnas. 


“In 2019, the Hawai’i legislature decriminalized the simple possession of cannabis. However, to this day, thousands of individuals in Hawai’i still carry a criminal record for cannabis possession. When an individual has a criminal record for cannabis, the collateral consequences linger for a lifetime without access to expungement. Criminal records restrict individuals from employment, housing, political participation, public assistance, education, and numerous other public services. These restrictions hinder the well-being and safety of entire communities, particularly communities of color who have been systematically targeted by law enforcement during cannabis prohibition. We are hopeful that HB 1595 will show how a state-initiated record clearance process can provide relief for residents who have been criminalized during the War on Drugs so that they can finally move on with their lives,” said Adrian Rocha, Policy Manager for LPP. 


“All people, including those living with a criminal record, should have an equal opportunity to build successful and fulfilling lives. While we are proud of the work that went into passing HB 1595 into law we must continue to recommend and implement laws that expand eligibility for record clearance relief and modernize a state-initiated system of expungement. In doing so, we will create meaningful second chances and a more equitable and economically prosperous future for Hawai’i,” said Carrie Ann Shirota, Policy Director for the ACLU of Hawai’i.


“HB 1595 takes meaningful steps to help the thousands of people in Hawai’i who continue to suffer from having criminal records that are eligible to be expunged now. The burden of seeking an expungement and sealing of qualifying criminal records should not be on the individual to navigate the confusing process of not only having to know that their prior arrest or conviction is eligible for expungement and then know how to petition the state to correct and expunge their records. HB 1595 removes these barriers for relief by having the state and not the individual identify and expunge qualifying records. This is an important first step in revamping our system so that no one has to suffer the negative implications of having a criminal record when they already qualify for removal of these records,” said Jennifer Brown, Associate Director for the  Hawai'i Innocence Project/Beyond Guilt Clinic.


We look forward to continuing to work with Governor Green and legislators in Hawai’i to create

systems that can provide retroactive relief for the tens of thousands of individuals who have been criminalized during prohibition.


About Last Prisoner Project

The Last Prisoner Project, 501(c)(3), is a national nonpartisan, nonprofit organization focused on the intersection of cannabis and criminal justice reform. Through policy campaigns, direct intervention, and advocacy, LPP’s team of policy experts works to redress the past and continuing harms of unjust cannabis laws. We are committed to offering our technical expertise to ensure a successful and justice-informed pathway to cannabis legalization in Hawai'i.


By Stephen Post April 29, 2025
The Cannabis Unity Coalition Hosts Multi-Day Activism Event that Includes a Press Conference, Lobby Day, and White House Rally to Free Those Still Incarcerated Download Photos + Videos from the Week’s Events Tuesday, April 29th (Washington D.C.) - As Americans across the country celebrated the 4/20 cannabis holiday last week, tens of thousands of people sat in prisons incarcerated for cannabis-related offenses, licensed cannabis businesses struggled, and the federal government's cannabis reclassification process remained stalled. But this week, lawmakers and advocates are gathering on Capitol Hill to harness their movements’ momentum and enact change. Mobilizing the 70% of the public that supports legalization into political pressure, the Cannabis Unity Coalition — the largest bipartisan alliance of advocacy, industry, and grassroots organizations — is leading Cannabis Unity Week of Action this week, taking place April 29–May 1, 2025, in Washington, D.C. The multi-day event brings together advocates, impacted individuals, and industry leaders to pressure Congress and the Trump administration to fully legalize cannabis and deliver retroactive relief to those harmed by outdated prohibition-era policies. Advocates started the week today with a congressional press conference at the House Press Triangle, where they were joined by Congressional Cannabis Caucus members Congresswoman Ilhan Omar (D-Minnesota) and Congresswoman Dina Titus (D-Nevada), alongside other representatives who spoke about current legislative efforts. The press conference was followed by a welcome ceremony in the U.S. Capitol Visitor Center. “It’s a pleasure to join the Cannabis Unity Coalition on Capitol Hill to call for federal cannabis reform,” said Congresswoman Dina Titus (NV-01) . “As Co-Chair of the Cannabis Caucus, I am dedicated to working with advocates to modernize the government’s outdated approach to cannabis and ensure that common-sense legislation is advanced in Congress.” “It’s beyond time to legalize cannabis nationwide and expunge records for those incarcerated for cannabis-related offenses,” said Congresswoman Ilhan Omar (MN-05) , newly elected co-chair of the Congressional Cannabis Caucus. "I’m incredibly grateful for the partnership of the members of the Cannabis Unity Coalition and look forward to working together to get this done." As part of their 4/20 clemency campaign with LPP , members of Ben & Jerry’s advocacy team joined to help build awareness and mobilize grassroots efforts to demand clemency from governors across the country. Wednesday will be dedicated to our Lobby Day where attendees will meet with their elected officials on Capitol Hill to advocate for cannabis reform, particularly the newly reintroduced STATES 2.0 Act and PREPARE Act . Coalition partners have planned meetings with elected officials from both parties in the House and Senate including Sen. Cory Booker (D-New Jersey) , Sen. Adam Schiff (D-California) , Sen. Josh Hawley (R-Missouri), Sen. John Fetterman (D-Pennsylvania), Sen. Andy Kim (D-New Jersey), Sen. Elizabeth Warren (D-Massachusetts), Rep. Nancy Mace (R-South Carolina), Rep. Tom McClintock (R-California), Rep. Jamie Raskin (D-Maryland) , and other offices to call for the full legalization of cannabis, the removal of criminal penalties, and retroactive relief. Events will conclude Thursday evening with a Cannabis Freedom Rally outside the White House from 4-9 p.m. to honor those still incarcerated for cannabis and demand their freedom via presidential clemency. The rally will feature previously incarcerated activists like Donte West , Kyle Page , and Deshaun Durham , who was granted cannabis clemency by Kansas Governor Laura Kelly at the end of last year. These activists will lend their voices to the actions and share their powerful stories. The Cannabis Unity Coalition is made up of a broad array of advocate groups span across political boundaries and includes Last Prisoner Project (LPP), members of the Marijuana Justice Coalition (MJC) like Drug Policy Alliance (DPA), National Organization for the Reform of Marijuana Laws (NORML), Veterans Cannabis Coalition, and Parabola Center; members of the Cannabis Freedom Alliance (CFA) like the Reason Foundation and Law Enforcement Action Partnership (LEAP); Students for Sensible Drug Policy (SSDP), which is a member of both coalitions; and industry groups like, National Craft Cannabis Coalition, National Cannabis Industry Association (NCIA), Minority Cannabis Business Association (MCBA), Indigenous Cannabis Industry Association (ICIA), Asian Cannabis Roundtable, and National Association of Black Cannabis Lawyers (NABCL); other organizaitons include Freedom Grow, Marijuana Justice, Doctors for Drug Policy Reform, United Food and Commercial Workers Union (UFCW), Supernova Women, Minorities for Medical Marijuana, DCMJ, Just Leadership USA (JLUSA), National Association of Criminal Defense Lawyers, National Coalition for Drug Legalization and the Marijuana Policy Project (MPP), Mission Green, Latinas in Cannabis, the Equity Trade Network, Cannademix, and Free My Weed Man. Those who can’t join us in D.C. can still participate virtually by contacting your federal representatives and asking them to #DecriminalizeNow, urging your governor to grant clemency to those in your state still incarcerated for cannabis, and following along through our livestream. Learn more and take action at LPP.la/CannabisUnityWeek . ABOUT LAST PRISONER PROJECT Last Prisoner Project is dedicated to freeing those incarcerated due to the War on Drugs, reuniting their families, and helping them rebuild their lives. As laws change, there remains a fundamental injustice for individuals whose conviction is no longer a crime. We work to repair these harms through legal intervention, constituent support, direct advocacy, and policy change. Visit www.lastprisonerproject.org or text FREEDOM to 24365 to learn more. Follow Last Prisoner Project: Instagram | LinkedIn | X/Twitter | Facebook Press contact: Stephen Post LPP Communications Manager stephen@lastprisonerproejct.org
By Stephen Post April 22, 2025
At the Last Prisoner Project (LPP), we know that true justice means more than legalization—it means clearing the records of those who were criminalized under outdated cannabis laws. Today, we celebrate a major step forward in that fight for justice as Governor Wes Moore signs SB 432, the Expungement Reform Act of 2025 , into law. In Maryland, where Governor Wes Moore made history last year by issuing the nation’s most sweeping cannabis pardon order, we are now happy to see this next step in reform. A criminal record—whether for a conviction or even just an arrest—can create lasting obstacles to employment, housing, education, and other opportunities. The impact is not just personal; according to research from the Center for Economic and Policy Research, the U.S. economy loses between $78 and $87 billion annually due to employment barriers faced by people with criminal records. These collateral consequences compound the injustices of the War on Drugs and disproportionately affect communities already marginalized by systemic inequities. SB 432 simplifies the expungement process, removing unnecessary bureaucratic hurdles and making it easier for individuals to clear their records. The bill will help thousands of Marylanders—many of whom have already served their sentences—access new opportunities and contribute fully to their communities. “People in Maryland were living with the unconscionable reality that any probation violation, from a missed appointment to even decades-old possession of small amounts of now legal cannabis, categorically barred them from ever expunging their record,” said Heather Warnken, Executive Director of the Center for Criminal Justice Reform at the University of Baltimore School of Law . “The Expungement Reform Act has addressed this and more, removing barriers to opportunity for thousands held back by their past record. Like Governor Moore’s historic mass pardon, this victory is the product of true partnership, and an incredible step forward for our state.” SB 432 builds on the momentum of Governor Moore’s bold action in 2024, when he issued the largest cannabis pardon order in U.S. history, granting relief to over 175,000 Marylanders with low-level cannabis convictions . However, as we have long emphasized, a pardon—while powerful—does not automatically clear someone’s record. Until now, many of those same individuals still had to navigate a complicated, costly, and often inaccessible process to obtain full relief. Now, thanks to the passage of SB 432, that process will become significantly more accessible—and, in key cases, automatic. This is a vital step toward making sure the promise of cannabis reform includes real, tangible outcomes for those most affected by prohibition. “At Last Prisoner Project, our mission is to secure freedom and rebuild the lives of those disproportionately impacted by the War on Drugs,” said Liz Budnitz, Lead Counsel of the Cannabis Justice Initiative at Last Prisoner Project , who was present at the signing ceremony. “SB 432 embodies the idea that legalization must come with justice and repair for those who paid the price for misguided drug policies. We are proud to support reforms like this bill and look forward to continuing to advocate for policies that prioritize the full reintegration of justice-impacted individuals.” Adrian Rocha, LPP’s Policy Director and a member of Governor Moore’s expungement roundtable , added, "Last Prisoner Project commends Governor Wes Moore for signing SB 432, the Expungement Reform Act of 2025, into law. By creating a more efficient and accessible pathway for individuals to expunge cannabis-related convictions and seek post-conviction relief, this bill is a crucial step in addressing the harms caused by decades of cannabis criminalization in Maryland. We are thrilled that more Marylanders will now be able to move forward with their lives, access new opportunities, and contribute fully to their communities.” Maryland now joins 12 other states that have implemented state-initiated expungement for certain offenses, recognizing that individuals should not be required to navigate complex legal systems to obtain relief they are already entitled to. This victory represents not just a legislative achievement, but a powerful moment of healing and restoration. We thank Governor Moore, the Maryland General Assembly, and all our partners and advocates who helped make this bill a reality. But our work is far from over. Cannabis justice means full, automatic relief—not just in Maryland, but across the country. And at the Last Prisoner Project, we’re committed to making that vision real. Watch the full bill signing below and read past coverage here .
By Stephen Post April 18, 2025
Proposed Legislation Marks a Critical Step Toward Ending Criminalization and Repairing Harms from the War on Drugs Washington, D.C. – Today, the Last Prisoner Project released a statement applauding the introduction of two bipartisan bills aimed at ending federal cannabis prohibition and preparing for a post-prohibition regulatory framework. Reps. Dave Joyce (R-OH), Max Miller (R-OH) and Dina Titus (D-NV) announced on Thursday that they’ve filed the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act. This bill would end federal marijuana prohibition in states that have legalized it, while providing for a basic federal regulatory framework for cannabis products. Rep. Dave Joyce (R-OH) also introduced the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act , which is being sponsored by House Minority Leader Hakeem Jeffries (D-NY). This bill would direct the attorney general to create a commission charged with making recommendations on a regulatory system for cannabis that models what’s currently in place for alcohol. “These bipartisan bills are a critical step forward toward ending the federal government’s failed war on cannabis,” said Stephen Post, Strategic Communications Manager at the Last Prisoner Project . “By respecting the will of states, addressing regulatory uncertainty, and acknowledging the urgent need for reform, this legislation lays the groundwork for a smarter, fairer approach to cannabis policy. Going forward, we also urge lawmakers to ensure that federal cannabis legislation also include robust provisions for sentence modification, automatic record clearance and retroactive relief. Otherwise, we risk building this industry on the backs of those still suffering the consequences of outdated, unjust laws.” The Last Prisoner Project urges lawmakers on both sides of the aisle to support these measures and continue working toward a more just and equitable post-prohibition future. The Cannabis Unity Coalition, the largest bipartisan coalition of cannabis advocacy, industry, and grassroots organizations, is mobilizing for the Cannabis Unity Week of Action, taking place April 29th - May 1st, 2025, in Washington, D.C. This multi-day event will unite advocates, impacted individuals, and industry leaders to pressure Congress and the Trump administration to fully legalize cannabis and implement retroactive relief measures for those affected by prohibition-era policies. Click here to learn more .