Hawaii’s legislature approved a resolution that calls on the governor for a clemency plan to be created for those with marijuana convictions in their past.
The House passed the concurrent resolution of Rep. Jeanne Kapela, D (Democratic), earlier this month. It was then sent to the Senate for adoption on Monday.
The report states that the “war on drugs” has proven to be destructive to immigrants, low-income families and communities, as well as to indigenous peoples and individuals. It also says “the prosecution of marijuana offenses has denied people access to higher education, housing and employment, personal liberty and voting rights.”
Further, the Resolution notes that President Joe Biden granted a mass pardon last year to people who had committed federal cannabis possession crimes. It also says that several states have passed laws legalizing marijuana and have included provisions for expunging prior cannabis convictions.
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The nonbinding measure states: “Be it Resolved, by the House of Representatives of Hawaii’s Thirty-second Legislative Assembly, Regular Session of 20,23, with the Senate concurring that the Governor be urged to implement a clemency programme for individuals who were prosecuted for marijuana-related crimes.”
Many advocates would have preferred to see a comprehensive cannabis legalization bill enacted in this year. However, a measure to reform the law that passed the Senate the previous month eventually stalled in the House. The focus of lawmakers is now on 2024.
The Senate’s two-year session is not yet over, so the bill will not have to start from scratch next year. Delaying the vote could give House members who are still on the fence more time to refine and discuss the legislation. Speaker Scott Saiki, a Democrat, had previously stated that he would like to do this over the summer.
Frank Stiefel, Senior Policy Associate at the LPP and Marijuana Moment, said that they had worked with legislators to ensure any cannabis legalization proposals included retroactive relief for people criminalized because of prohibition. We were disappointed to learn that Senate Bill 669, which was the most popular proposal this session and contained retroactive relief mechanisms included in it, didn’t even get a hearing at the House.
He said that Governor Green could still create a path to relief for those whose continued imprisonment is not in the interest of justice. “The establishment a dedicated cannabis program would be an important first step to addressing the damage caused by decades of failed drugs policies.” We hope this resolution will spur Governor Green into action and look forward to his office rolling out a cannabis-clemency program.
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The attorney general in Hawaii announced this month that she will no longer be opposing marijuana legalization, and will instead work with legislators and stakeholders to help advance the reform.
Attorney General Anne Lopez, a Democrat, said her office would head an administrative taskforce “between now until the next legislative legislative session in order to develop a complete legislative package for law enforcement and regulatory that can be attached to any bill that is planning to legalize cannabis.”
Over several sessions, legislators have been working to legalize marijuana in the Aloha State. In 2021 the reform passed in the Senate, but failed to pass a House Committee by a crucial deadline.
Former Democratic Governor Dave Ige has been a major obstacle for advocates, partly because he refused to legalize marijuana, citing his reluctance to do so, as he did not want it to conflict with federal law. Hawaii’s medical marijuana program allows for the cultivation and sale of cannabis, in violation of federal law.
Now that Green is in office, activists feel emboldened. He announced in November that he would sign a law to legalize marijuana for adults. He has already come up with ideas on how the tax revenue generated by marijuana sales can be used.
The Hawaii Senate also approved a bill in this month that would create an advisory board to examine possible regulations to allow access to federal “breakthrough therapy” such as psilocybin or MDMA.
A representative from the Health Department said that it would be “more meaningful” for legislators to just legalize certain psychoactive substances in order to prepare them for their possible federal approval as medicine.
In other news, The Nevada assembly approved on Monday a measure that urges Congress legalize marijuana. It was sent to the state Senate.
Nevada Assembly passes resolution urging Congress to federally legalize marijuana
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