Editorial: Pardons for minor marijuana cases

The nation has been moving — decisively, in some states — away from the federal view of marijuana as posing a problem as serious as heroin. Cannabis remains on that federal roster of drugs deserving of severe penalties, a classification known as Schedule 1.

While that status isn’t changing, President Joe Biden is putting the U.S. on a more rational and just path by issuing pardons for federal convictions for “simple possession” of marijuana. This could correct inequities in how possession of small amounts of marijuana is prosecuted, Biden said, given that a disproportionate number of those charges are levied against Black and Latino defendants.

More typically, these offenses are prosecuted by state and local governments, so Biden has asked states to implement similar pardons at their level, too. Gov. David Ige is looking at whether Hawaii should mirror that action.

And although Ige expressed doubts that it would reduce very many jail sentences, it’s still worth pursuing. Pardons for cannabis possession of small amounts would align with the state’s decriminalization efforts in recent years.

In 2019, Hawaii lawmakers passed, and Ige signed, Act 273 to set the penalty for possession of 3 grams of cannabis or less at a fine of up to $130, with no jail time. The law took effect in 2020, when another bill sought to decriminalize cannabis amounts to 10 grams or less. That bill did not pass.

In an interview on the Honolulu Star-Advertiser’s “Spotlight Hawaii” webcast on Wednesday, Ige said he is consulting with Judiciary officials and with the Hawaii Paroling Authority. The general sense at this point is that in most cases, the cannabis charge is secondary to another crime, such as theft, that got the offender penalized.

“We don’t believe there’s many that are incarcerated simply on a marijuana charge,” he added. “We’ll continue to work through, though, and try to identify those who would meet the requirements.”

Whatever data the administration assembles, it would advance equity and fairness to issue the pardons; at least that much of the offender’s criminal record would be cleared. That’s appropriate in the current criminal-justice environment, which is much less focused on possessing small amounts for personal use.

Hawaii was among the first states to legalize medical cannabis, although an actual, practical structure of dispensaries took years to develop. It was worth that investment because it took that long to establish the guardrails: provisions for the chain of custody of the drug and for quality standards.

It hasn’t eliminated the illegal market, in which prices are cheaper. But for those with medical problems that are addressed with cannabis, having assurance of quality control is an imperative.

Many states have legalized adult recreational use of marijuana altogether, but that’s not necessarily the path Hawaii must follow. As superficially popular as legalizing cannabis is — about 58% of respondents to the paper’s Hawaii Poll in July said they supported it — there is an entirely separate discussion that must take place, weighing societal risks of freer access to the drug.

For example, Hawaii would need to consider potential effects on youth, who almost certainly would have greater exposure to cannabis through their own networks, regardless of rules restricting minors.

That’s a serious societal discussion for another day. For now, assigning the right priority to minor violations is a logical move. And the right priority for possession of small amounts of cannabis would be a pardon, in most cases. A focus on fairness in prosecution, aligned with today’s laws, is always the right policy.