Hawaii residents and visitors caught with small quantities of marijuana can rest assured they won’t be charged with criminal offenses under a new law that takes effect this year. Possession of 3 grams of pot or less will be treated as an infraction, similar to a parking ticket, and punishable by a fine of up to $130.
The new law, set to take effect Jan. 11, also allows those previously convicted of possessing small amounts of marijuana to have that criminal record erased.
The measure falls far short of what advocates for the legalization of marijuana want but reflects the growing push throughout the country to ease restrictions on marijuana for both medical and recreational purposes. In addition to decriminalizing small amounts of recreational pot, Hawaii is one of more than 30 states that have legalized medical marijuana.
Other major laws relating to public safety and Hawaii’s correctional system also take effect this year, including new gun restrictions and a new commission that’s supposed to usher in reforms to Hawaii’s prison and jail system.
Overhauling corrections
A new state watchdog agency will oversee the state Department of Public Safety and has the power to conduct investigations, obtain internal documents and conduct unannounced inspections of Hawaii’s jails and prisons. The Hawaii Correctional Oversight Commission, made up of five appointees, has scheduled its first public meeting for Jan. 16.
The commission is made up of two former leaders of the Public Safety Department. Ted Sakai, who was appointed to the commission by Gov. David Ige, worked for the department for nearly three decades, including serving as its director. Martha Torney, who was appointed by House Speaker Scott Saiki, previously served as the department’s deputy director of administration.
The commission also includes retired judges Ronald Ibarra, who was appointed by Hawaii Supreme Court Chief Justice Mark Recktenwald, and Michael Town, who was appointed by Senate President Ron Kouchi.
Mark Patterson, administrator of the Hawaii Youth Correctional Facility, who was appointed by Office of Hawaiian Affairs chairwoman Colette Machado, also serves on the panel.
The Correctional Oversight Commission was created, in part, because of ongoing problems with inmate suicides, violence and sexual assaults within the state’s correctional system, and the Department of Public Safety’s lack of transparency.
The commission is tasked with transforming the state’s correctional system from one focused on rehabilitating rather than punishing inmates.
Sakai said he expects the commission to take a hard look at the processes in place for returning inmates to society as a way of trying to reduce the state’s inmate population in the long run.
Hawaii has high rates of recidivism among its inmate population.
The law also expedites the bail process by requiring risk assessments and bail reports to be completed within three days of someone being incarcerated.
It also requires that inmates be able to post bail seven days a week and that correctional facilities continually review pretrial detainees to see whether they should be eligible for pretrial release, among other reforms.
The commission has gotten off to a slow start. By now, it should have a salaried oversight coordinator in place, chosen from three names sent to the governor. However, the commission hasn’t begun reviewing possible candidates. The full-time oversight coordinator will be in charge of adopting rules, carrying out investigations and filing monthly reports with the commission and will play a key role in the success of the agency.
‘Red flag’ gun law
A new law that took effect Wednesday allows family members, co-workers or police to obtain court orders blocking access to firearms for people who show signs they could pose a danger to themselves or others.
Factors that can be considered by Family Court include reckless or illegal use or display of a firearm, acts of violence or threats, abuse of drugs or alcohol, and violations of protective orders.
Police are responsible for confiscating the firearms at the time the orders are served on gun owners.
The measure is known as a “red flag” law and similar legislation has been adopted by at least 16 other states and the District of Columbia.
Advocates for the law say it’s part of a national sea change on gun safety and can help address the problem of gun owners who become mentally unstable after obtaining their weapons.
The Hawaii Rifle Association and the National Rifle Association opposed to the measure. HRA President Harvey Gerwig argued the new law is plainly unconstitutional and that there is no evidence red flag laws have helped prevent mass shootings.
