Last Prisoner Project (LPP) has worked in Hawai’i for the past two years to ensure that retroactive relief is provided for those who have been criminalized by prohibition. In 2022, LPP presented evidence-based policy recommendations that were endorsed by Hawaii’s Dual Use of Cannabis Task Force. LPP’s recommendations outlined state-initiated processes to provide retroactive relief for individuals with cannabis convictions and led to LPP being named in Concurrent Resolution No. 51/House Resolution No. 53, which urged Governor Green to initiate a clemency program for individuals who are still under supervision for a cannabis conviction. 

Over the past year LPP has been working with Representative David Tarnas, Chair of the Hawai'i State House Committee on Judiciary and Hawaiian Affairs, to figure out pathways to relief for those who have been criminalized during cannabis prohibition. LPP’s work with Representative Tarnas led to him introducing HB 1595 at the start of this year, which will 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. 

Last week Representative Tarnas invited LPP’s Senior Policy Associate, Frank Stiefel, to participate in an informational briefing on the importance of cannabis record clearance. During the briefing, Frank 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 bill has already been passed out of committee and the House floor this week. Now, it will cross over to the Senate where it will need to clear that chamber before heading to Governor Green’s desk by the end of this spring. 

LPP has also continued to work with legislators and advocates to ensure that the adult-use legalization bill (SB 3335) that has been moving through the legislature provides retroactive relief for the thousands of individuals who have been intimidated, arrested, and even thrown into prison for cannabis. Unfortunately, the legalization bill does not come close to repairing the harms for individuals who have been criminalized during the War on Drugs. 

For the communities that have been torn apart by prohibitionist policies, justice is not achieved through legalization. Any bill that seeks to legalize adult-use cannabis must include language that would create a state-initiated record clearance and resentencing process for those who have been criminalized during prohibition. The push to legalize adult-use cannabis represents an opportunity to right the wrongs that have been committed during the War on Drugs, particularly against people of color, including Native Hawaiians and Pacific Islanders. 

The legalization bill was passed out of the Senate floor this week and will now cross over to the House. We hope to work with legislators to add language to the bill that will ensure retroactive relief for the thousands of individuals who are incarcerated and who have a criminal record for cannabis.