Gov. David Ige reviewing request to pardon cannabis convictions

Gov. David Ige is reviewing a request by President Joe Biden to issue pardons in Hawaii for cannabis possession.

Biden announced Thursday that he is pardoning federal offenses of simple cannabis possession and calling for a review of how the flower is classified under federal law. “Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either,” said Biden.

After Biden called on governors to pardon state-level possession offenses, Ige’s communications director, Cindy McMillan, said Ige “supports measures that align state and federal laws on this issue and is reviewing the president’s request to determine whether it is consistent with state law and in the best interests of the people of Hawaii.”

“The governor has the authority to issue pardons in accordance with the state constitution,” said McMillan. “It should be noted that Hawaii’s Legislature recently reduced the personal possession of 3 grams or less of marijuana to a violation.”

Lt. Gov. Josh Green, the Democratic nominee to replace Ige, said in a statement that if he is elected governor, he would ask the state attorney general and Director of Public Safety to work with law enforcement to conduct a review of cannabis possession cases to determine on a case-by-case basis the safest and most appropriate outcome for those incarcerated in Hawaii for misdemeanor possession charges.

“I agree with President Biden that no one should be in jail just for using or possessing marijuana,” said Green.

The Republican nominee to succeed Ige, former Lt. Gov. James “Duke” Aiona, a former deputy prosecutor and state judge, does not support legalization.

The Honolulu Star- Advertiser’s latest Hawaii Poll, released July 25, found that 58% of respondents said they supported legalizing recreational cannabis to generate tax revenue, while 34% were against it and 8% were undecided.

State legislators and Hawaii’s congressional representatives were, for the most part, cautious about state pardons and legalization.

State House Majority Leader Della Au Belatti said lawmakers will have to assess in the upcoming session “where we are going with cannabis.” Any shift will have to include regulation that affects finance, health and human safety, law enforcement, businesses and other stakeholders, she said. “We’re already taking steps to decriminalize people who are possessing small amounts,” said Belatti. “I think we would need to see how many people that (call for state pardons) impacts.”

U.S. Sen. Brian Schatz retweeted the president’s statement before posting, “I mean, lets go!” Schatz also shared two separate national polls on his personal Twitter feed that show increasing support for legalization, which his spokesperson said he supports in Hawaii.

U.S. Sen. Mazie K. Hirono said in a statement that criminalization has disproportionately harmed communities of color. “I join (the president) in urging our governors to pardon state level offenses,” said Hirono. “This is an important step to ensure communities of color, including the Native Hawaiian community, which is over- represented in Hawaii’s criminal justice system, are treated fairly and that our sentencing reflects that.”

U.S. Reps. Ed Case and Kai Kahele did not respond to requests for comment. State Senate President Ron Kouchi declined comment.

Hawaii’s approach to regulation has shifted at a glacial pace.

State lawmakers first passed a law to allow medical cannabis use in 2000, but it took 15 years to sign off on the details of how the program would operate. The first dispensaries opened in 2017, and the state decriminalized carrying up to 3 grams of cannabis in 2019, making the penalty a fine of up to $130.

State lawmakers are expected to take up the legalization issue in January.

A 15-member task force of private stakeholders and state and county government officials are putting together a cannabis legalization plan based on impacts in other states, public testimony and input from stakeholders, including Hawaii’s 6-year-old medical cannabis industry.

The task force, created by state lawmakers in 2021, is working to produce recommendations and a possible draft bill for setting up a dual legal cannabis system for medical use by patients and recreational use by adults.

Randy Gonce, executive director of the Hawaii Cannabis Industry Association, said Biden’s announcement is a “good first step in the right direction.”

Gonce, a member of the state task force, said pardons should extend to those convicted of possession with intent to distribute cannabis. Hawaii needs to look at “expungement and resentencing individuals who have cannabis charges and convictions.”

“It’s a tough process because (state laws) don’t differentiate between cannabis arrests and other drug arrests,” said Gonce. “How do we right the past wrongs of the war on drugs? How do we support those who have had their lives ruined by cannabis convictions? Now we have dispensaries doing the same thing that they were doing.”

Honolulu police remain opposed to legalization and do not support federal pardons or the request for states to do the same.

“Pardoning low-level offenses does not hold individuals accountable for their actions, especially when multiple offenses are involved, and the lack of consequences for lesser crimes can embolden individuals to commit more serious crimes,” said HPD spokesperson Michelle Yu. “Further, cannabis use can lead to dependency and the use of other drugs.”

Honolulu Prosecuting Attorney Steve Alm said decriminalization in 2019 has “no doubt kept a number of people from entering the criminal justice system.” A conviction for cannabis possession can have a negative impact on otherwise law-abiding people in terms of housing, jobs and education.

“President Biden’s pardons … should cause us to take a close look at whether similar action should be taken here. Hawaii’s penal code has a number of different offenses for possessing marijuana and marijuana concentrate, and it will be important to look at how those offenses line up with any federal offense impacted by President Biden’s pardons and whether public safety will be endangered by a general pardon,” said Alm. “Although the decision to pardon those convicted of crimes rests with the governor alone, I am willing to work with the governor and other stakeholders to determine whether pardoning those convicted of marijuana possession impacts public safety.”

Honolulu Mayor Rick Blangiardi supports Biden’s pardons, saying that “many lives have been turned upside down” by simple possession and cannabis use.

“People have paid dearly. They’ve done jail time … it stays on their record. If we can do something about that, we should,” said Blangiardi. “That’s the morally right position to take.”