“The establishment of a resentencing procedure will offer fair relief to individuals who are currently being punished under laws based on the failed War on Drugs. ‘”
Frank Stiefel, Gracie Johnson and Last Prisoner Project
The Hawaii Senate approved Senate Bill 669 last week, moving the state one step closer towards legalizing adult-use cannabis. The bill now contains provisions that would allow the state to initiate a record clearance process. This is a recommendation from the Last Prisoner Project, which was presented earlier in the year.
Although we are pleased that the bill allows for an automatic clearing of cannabis records, it is not sufficient. It does not establish a state-initiated process for resentencencing, which would allow those still on cannabis sentences to be granted relief. It is important to remember that record clearance applies only to individuals who have completed their sentences, while resentence applies to individuals still under punishment.
A state that has ended the prohibition of cannabis is acknowledging the public interest in ending its criminalization. This shift in perception is evident when you look at the national landscape regarding legalization.
Adult-use cannabis has been legalized in 21 states, three territories and D.C., with the majority of residents of each state in favor. Hawaii will follow in their footsteps. Many people are unaware that the repeal of cannabis prohibition does not necessarily mean that cannabis-related convictions will be released. To legalize cannabis, the government must also establish a state-initiated process for resentencencing.
State-initiated sentencing allows the courts to review sentences for people who are currently in prison or under supervision for a behavior the state has changed its approach towards criminalizing. This process should be available to all eligible people, not just those who have petitioned from prison.
Because Hawaii law does not have a strong resentencing process, there is no way for someone to get their cannabis-related sentence reviewed or modified in the light of legalization. To ensure that people on probation or in jail are able to have their cases heard by a judge, Senate Bill 669 must be amended.
Some opponents of resentencencing claim that it would allow people automatically to be released from incarceration and supervision without supervision. This is a farce. Creating a resentencing process simply means that an individual will be provided a new hearing where a judge will consider–based on the state’s adoption of cannabis legalization–whether the sentence should be reduced.
Resentencencing can achieve both justice andpublic safety. It is not one or the other. Reduced incarceration saves tax dollars that can be used to address real community risks, and not on jailing people unnecessarily. Reconsidering outdated sentences in light of changing public attitudes and advances in research is smart and responsible policy. Research shows that harsh sentences don’t deter crime and people get out of it, and that incarceration makes communities less secure. Evidence-based policies that promote public safety include resentencencing, which promotes justice for the consequences of prohibition.
LPP worked closely with the members of Hawaii’s Dual Use of Cannabis Task Force over the past year to develop evidence-based policy recommendations that focus on retroactive relief. We hope that the state-initiated record clearing provisions in the bill will eliminate barriers to success for those in the community still holding low-level cannabis records.
We encourage Hawaii’s legislators to refer to our resentencing recommendations as they move to the State House. If they plan to legalize a system that is just, we urge them to refer to Senate Bill 669.
A resentencing system will allow individuals to receive fair relief from the harsh laws of the “War on Drugs.” Hawaii could be a national example by creating a legal cannabis market and redressing the grave injustices committed during prohibition.
We urge the legislature to seize this chance.
Frank Stiefel, a Senior Policy Associate, and Gracie Johnson, the State Policy Director at Last Prisoner Project are both State Policy Directors. For more information, please visit https://www.lastprisonerproject.org.
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The post Hawaii Marijuana Legalization Bill Should Be Strengthened with Provisions to Free Current Prisoners (Op Ed) was first published on Marijuana Moment.
