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Hawai’i Senate Passes Bill to Provide Retroactive Relief for Those Criminalized for Cannabis Possession

Frank Stiefel • Apr 10, 2024

Statement from Frank Stiefel

Senior Policy Associate 

Last Prisoner Project 


Hawai’i Senate Passes Bill to Provide Retroactive Relief for Those Criminalized for Cannabis Possession 


April 9, 2024 


House Bill 1595 (HB 1595), which would create a pilot for the creation of a state-initiated expungement process for individuals with non-conviction records for cannabis possession, has been voted out of the Senate and moves one step closer to Governor Green’s desk. 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. National research shows that less than 6.5% of people who are already eligible for an expungement ever have their records expunged because of the cumbersome nature of the record clearance process. 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 a myriad of other 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. 


Over the past year, Last Prisoner Project (LPP) has been working 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 cannabis prohibition. Our work with Representative Tarnas led to him introducing HB 1595 at the start of this year, which would begin to address the injustices perpetrated during the War on Drugs through the creation of a state-initiated expungement process for individuals with a criminal record for cannabis possession. On March 1st, Representative Tarnas invited LPP to participate in an informational briefing on the importance of cannabis record clearance. During the briefing, we gave a presentation on the landscape of cannabis record clearance and how HB 1595 could begin to dismantle the racial injustices that the criminal legal system has perpetuated during prohibition in Hawai’i. The Hawai'i Criminal Justice Data Center (HCJDC) also participated in the briefing and presented data showing that approximately 40,000 of the 50,000 criminal records that are eligible under HB 1595 are for non-convictions. This means that 40,000 individuals have been found not guilty of any criminal wrongdoing, yet they still carry a criminal record for cannabis possession.


Since the briefing on March 1st, HB 1595 has been amended to reflect the preferred approach of the Department of the Attorney General. The bill now outlines the creation of a pilot for the implementation of a state-initiated expungement process for non-conviction records of cannabis possession. Our hope is that HB 1595 will be 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. 


There are now 24 states that have passed laws to create cannabis-specific expungement processes. Similarly, the inclusion of criminal justice policies has become commonplace for states that have sought to legalize adult-use cannabis. Since 2018, 13 of the 14 states that have legalized cannabis have included record clearance policies, and since 2021, they have all been state-initiated. We look forward to continuing to work with legislators in Hawai’i to create systems that can provide retroactive relief for the 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.

President Biden Grants Clemency to 16 Non-Violent Drug Offenders, But No Cannabis Offenses Included

By Stephen Post • 27 Apr, 2024
President Joe Biden made a statement Wednesday announcing a decision to pardon 11 people convicted of non-violent drug charges and commuted the sentences of five others. "America is a nation founded on the promise of second chances," he said . "We also recommit to building a criminal justice system that lives up to those ideals and ensures that everyone receives equal justice under law." Despite this positive use of his clemency powers, President Biden again failed to include any people still in prison at the federal level for cannabis offenses which is estimated to be at least 3,000 individuals. Even though he has provided record relief to almost 13,000 people with his expanded cannabis possession pardons, the President has failed to release a single person in prison for cannabis. Last Prisoner Project Executive Director, Sarah Gersten said, "While we are encouraged to see the President use his clemency power to commute the sentences of those incarcerated for drug offenses, we are hopeful that the administration will fulfill their promises both to use the clemency power more robustly as well as to commute the sentences of those still incarcerated for cannabis." "The Administration has made it clear that cannabis reform is a priority and one that will energize their electorate. To truly make an impact that will sway voters come November the president needs to take action to release the estimated 3,000 individuals still incarcerated for cannabis federally." We hope that President Biden recognizes that releasing people with cannabis offenses doesn't require legalization. They demand executive action. If he is looking for the next batch of candidates for clemency, we have already sent him a list of deserving individuals whose petitions are sitting with the Office of the Pardon Attorney. He simply needs to act on them. We recently rallied advocates at the White House on our 420 Unity Day of Action to demand their freedom and encourage the public to help tell Congress and the President to take further action.

Donte West Joins Jason Flom on Wrongful Conviction Podcast to Discuss His Unjust Cannabis Sentence

By Stephen Post • 26 Apr, 2024
Listen on: iHeartRadio | Pandora | Spotify | RSS On March 8, 2016, Officer Nicholas Blake became suspicious of two vehicles traveling together on Interstate 70 toward Manhattan, KS due to their appearance and registration inconsistencies. He suspected they were involved in drug trafficking, with one acting as a decoy. Following a series of stops and surveillances by multiple law enforcement officers, a considerable amount of marijuana and methamphetamine was found in one of the vehicles leading to the arrest of Donte Westmoreland and others. Westmoreland was convicted based largely on the testimony of an informant, Jacob Gadwood, who claimed to have bought marijuana from Donte, but the informant's credibility was later questioned, and a prosecutorial deal ensuring Gadwood would not be charged with a crime was never disclosed. Donte Westmoreland is a decriminalization and anti-incarceration advocate whose experience with the criminal justice system changed his life forever. With a no criminal record score, and nothing illegal in his possession, Donte was arrested and convicted on charges that were later overturned. He spent three years imprisoned, where with the support of the facility's Warden and staff, he worked to fight his charges and also spoke to area teens about his experience with law enforcement and the courts. He was released on October 15, 2020 and is re-establishing his life in northern California where he works with the Last Prisoner Project to help free anyone incarcerated on cannabis related charges. Learn more about Donte in recent stories by Cannabis & Tech , Missouri Independent , and ABC . To learn more and get involved, visit: https://www.lastprisonerproject.org/ https://fromtheearth.com/missouri/independence-menu/?dtche%5Bpath%5D=brands%2Fwest-by-illicit We started the Wrongful Conviction podcast to provide a voice to innocent people in prison. We want to hear your voices, too. So call us at 833-207-4666 and leave us a message. Tell us how these powerful, often tragic and sometimes triumphant, stories make you feel. Shocked? Inspired? Motivated? We want to know! We may even include your story in a future episode. And hey, the more of you that join in, the more power our collective voices will have. So tell a friend to listen and to call us too at 833-207-4666. Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1. See omnystudio.com/listener for privacy information.

Last Prisoner Project Endorses Bipartisan HOPE Act for State Cannabis Conviction Expungements

By Stephen Post • 25 Apr, 2024
In a significant development in the realm of cannabis legislation, the Last Prisoner Project has thrown its support behind the bipartisan Harnessing Opportunity by Pursuing Expungement (HOPE) Act. This crucial legislation aims to rectify the injustices caused by cannabis convictions, particularly in states where cannabis has been legalized or decriminalized. Introduced initially in the House by Congressman Dave Joyce (R-Ohio) and Congresswoman Alexandria Ocasio-Cortez (D-New York) in 2023, the HOPE Act sought to address the pervasive barriers faced by individuals burdened with cannabis-related convictions. Recognizing the urgent need for reform, the Last Prisoner Project endorsed the House version, emphasizing its commitment to advocating for criminal justice reform and equitable opportunities for those impacted by past cannabis convictions. Fast forward to April 2024, and the HOPE Act takes a new form as Senator Jacky Rosen (D-Nevada) introduces the Senate version. With a focus on expunging cannabis convictions in legalized or decriminalized states, the Senate version of the HOPE Act aims to establish a federal grant program to cover the costs of expungements or sealing records. Senator Rosen's initiative aligns with the goals of the Last Prisoner Project, which seeks to alleviate the burdens faced by individuals with cannabis-related convictions, particularly in states like Nevada. Stephen Post, Communicatoins Manager at Last Prisoner Project, emphasized the importance of the HOPE Act in providing a second chance to those affected by state-level marijuana possession arrests. "Countless Americans shoulder the enduring weight of a criminal record – often stemming from minor infractions like a marijuana possession or conspiracy charge. This label becomes a barrier to housing, employment, public benefits, and educational opportunities, consigning many to a cycle of poverty," said Post. "These outdated policies impede progress in our communities, affecting us all. The HOPE Act offers a beacon of relief by aiding states in clearing these unjust hurdles, particularly by streamlining the process through automation. We commend Representatives Joyce and Ocasio-Cortez for prioritizing pragmatism over partisanship, and we eagerly anticipate further collaboration to advance this vital reform." The Last Prisoner Project's endorsement of both the House and Senate versions underscores the organization's unwavering commitment to addressing the injustices perpetuated by cannabis criminalization. We are optimistic that as more states have passed legalization, record expungement will continue to become more commonplace. Our 2023 State of Cannabis Justice Report showed, 24 states have enacted cannabis-specific record clearance laws, and 10 have enacted cannabis-specific resentencing laws. Our work in states throughout the country has shown us the jurisdictions need additional resources to implement these policies even after passing legislation As the HOPE Act gains momentum in Congress, propelled by bipartisan support and advocacy from organizations like the LPP and efforts like our recent 420 Unity Day of Action , there is renewed support for individuals burdened by past cannabis convictions. With each endorsement, the call for comprehensive cannabis reform grows louder, signaling a step closer towards justice, equity, and redemption for all.
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