As the fomer elected prosecutor for Kauai County, I recognize the importance of public education on the harms of strict cannabis enforcement and the need for reform.
The “war on drugs” has targeted individuals involved in cannabis-related activities, needlessly thrusting them into the revolving door of the criminal legal system. It is time to right history and correct the wrongs of cannabis prohibition.
Top law enforcement officials in Hawaii have begun to shift their perspective on the matter. Attorney General Anne Lopez recently drafted legislation that proposes a comprehensive plan for cannabis legalization.
We have an opportunity to join more than half of the country in legalizing adult use of cannabis. Legalization will enhance public safety, allow us to redirect those resources into far more pressing areas, and will begin the process of restoring communities devastated by prohibition.
Upholding public safety is the primary role of law enforcement. A study funded by the U.S. Department of Justice found no evidence that legalizing adult-use cannabis increases crime rates. Research shows that individuals convicted of drug offenses have significantly lower recidivism rates than those convicted of violent or property-related crimes.
When you dig deeper into the data and look specifically at individuals convicted of cannabis-related crimes, the public safety risks fall even further. A 2020 report by the United States Sentencing Commission found that individuals convicted of cannabis-related offenses have one of the lowest rates of recidivism when compared to other drug offenses. A recent survey by the Centers for Disease Control and Prevention also found that teen use of cannabis has actually gone down as more and more states adopt legal cannabis regulation.
Hawaii should support a legalization effort informed by evidence-based policies and best practices learned from states that have legalized adult-use cannabis.
Legalizing adult-use cannabis would help regulate its use. Creating a pathway for regulation is key to decreasing the mixing of cannabis with illegal and far more dangerous and deadly drugs, including fentanyl. This should be a public health priority. The Medical Examiner’s Office reported that narcotics claimed 320 lives in Hawaii last year, making it the most deadly year on record for overdoses in our history.
While some officials assert that the current situation is not broken, we know the ongoing enforcement of simple possession and marijuana use in Hawaii takes valuable time and resources away from investigating and prosecuting serious crimes like human trafficking, public corruption, and domestic violence.
The state Department of Public Safety estimates a cost of over $240 a day or $87 thousand a year to incarcerate one adult. Cannabis legalization would decrease unnecessary incarceration and eliminate the cost of prosecuting people charged with minor offenses. Since the inception of Green Harvest, Hawaii spent millions of dollars on wasteful airborne cannabis enforcement while a burgeoning methamphetamine trade preyed on generations of our youth.
In addition, the taxes and revenue generated from regulating a legal cannabis industry can and should be reinvested in areas proven to increase public safety, including housing, job training, healthcare, and treatment/reintegration programs.
The criminalization of cannabis related-offenses also contributes to racial disparities in our criminal legal system. Native Hawaiians comprise just 18% of the adult population but constitute 37% of the adult incarcerated population. Many victims of those policies are still serving sentences today.
Even for individuals fortunate enough to avoid incarceration for these convictions, many of those minor violations remain on their criminal records for years, sometimes decades, needlessly disqualifying them from greater job, housing and education opportunities.
Decades of failed cannabis policy have demonstrated that prohibition does not improve public safety. Let’s unite around a sensible position on cannabis legalization and stop prosecuting adult-use of cannabis. The train has left the station. Join us in moving toward a safer, more just Hawaii.
Justin Kollar served as Kauai County prosecuting attorney from 2012 until 2021, and is now director of strategic initiatives at the Alameda County, Calif., District Attorney’s Office.
