The Legislature adopted a resolution in support of granting clemency for low-level cannabis offenses that has the support of Gov. Josh Green.
Green plans to work with law enforcement agencies to look into low-level cannabis cases with the passage of House Concurrent Resolution 51, according to a spokesperson.
“The Governor believes that the cases of those convicted of misdemeanor possession of small amounts of cannabis should be reviewed,” Green’s Director of Communications Makana McClellan said in a statement to the Honolulu Star- Advertiser. “This viewpoint does not extend to distribution convictions.”
The nonbinding resolution comes after President Joe Biden in October pardoned thousands of Americans convicted of simple possession of cannabis under federal law.
Following Biden’s pardons, Green said during his campaign for governor that he would ask the state attorney general and director of public safety to work with law enforcement to 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.
The Last Prisoner Project, Drug Policy Forum of Hawaii, American Civil Liberties Union of Hawaii and Marijuana Policy Project all supported the resolution in written testimony.
“A cannabis clemency program is an important part of moving away from eight-plus decades of cannabis prohibition, which has disproportionately impacted Native Hawaiians and helped maintain a criminal legal system in this state that features the longest average term of probation in the nation,” wrote Nikos Leverenz, president of the Drug Policy Forum.
Rep. Jeanne Kapela (D, Volcano-Hawaiian Ocean View), who sponsored the resolution, said it’s intended as a path to legalizing recreational cannabis use.
“I definitely think that this is a sign that legalization is on our horizon here in Hawaii,” Kapela told the Star-Advertiser. She said the focus would be on people “who have been harmed most by the war on drugs.”
Bills proposing to legalize recreational marijuana use appear dead as the legislative session winds down.
During a joint appearance in March on the Star- Advertiser’s “Spotlight Hawaii” livestream program, both House Speaker Scott Saiki and Senate President Ron Kouchi were reluctant to support legalizing recreational marijuana.
Saiki (D, Ala Moana-Kakaako-Downtown) said he advised key House committee chairs to hold off in favor of using the summer to craft a “bill that’s comprehensive and addresses the concerns that are always raised about marijuana use in Hawaii.”
Kouchi (D, Kauai-Niihau) said, “I am not a big fan of the marijuana legislation, but an overwhelming majority of the Senate Caucus favors it.”
Hawaii Attorney General Anne Lopez testified at her confirmation hearing that she supports cannabis legalization and offered to meet with lawmakers to craft legislation ahead of the 2024 session.
“So if legislators want to make recreational marijuana legal in Hawaii, let’s find a way to help you and implement the law that you want,” Lopez said at the hearing.
Green, who worked as a Hawaii island emergency room physician while serving as lieutenant governor, has supported legalized recreational marijuana use under certain conditions.
Kapela remains optimistic her resolution will help make legal use a reality.
“If the governor and the attorney general are truly interested in bringing our cannabis policies into the 21st Century, as 22 other states have already done, then working with organizations to implement cannabis clemency is a great first step toward achieving that goal,” she told the Star-Advertiser.
