Statement from Gracie Johnson

State Policy Director 

Last Prisoner Project 

RE: Hawaii Legislature Passes HCR 51/HR 53 Urging the Governor to Initiate a Clemency Program for Individuals Criminalized by Cannabis Prohibition 

April, 24th 2023 

As the nation moves away from the criminalization of cannabis, there remains the fundamental injustice inflicted upon those who continue to suffer criminal convictions and sentences as a result of prohibition. We at the Last Prisoner Project (LPP) believe that no one should remain incarcerated for or continue to suffer the collateral consequences of cannabis criminalization. We commend the Hawaii State Legislature for passing House Concurrent Resolution No. 51/House Resolution No. 53, which urges Governor Green to initiate a clemency program that can provide relief for individuals who are still under supervision for a cannabis conviction. But, the legislature should’ve taken further action.

Over the course of last year and throughout this legislative session, the Last Prisoner Project worked with members of the Dual Use of Cannabis Task Force to outline evidence-based policy recommendations for inclusion in any legalization proposal to ensure retroactive relief for those who have been criminalized by prohibition. The Task Force’s Social Equity Working Group fully embraced LPP’s recommendations, endorsing them in their official report. We were disappointed to see that the legalization legislation (Senate Bill 669) that was being considered this year, and which had included retroactive relief mechanisms, did not even receive a hearing in the House. It is unfortunate that many individuals in Hawaii will continue to bear the lifelong burden of having a cannabis record and continue to serve sentences for cannabis-related convictions.

The War on Drugs and the criminalization of cannabis-related activities have created a racially inequitable criminal legal system where people of color are nearly four times more likely than their white counterparts to be arrested for cannabis, despite similar consumption rates. The creation of a clemency program can create a pathway to relief for individuals whose continued incarceration is no longer in the interests of justice. We look forward to supporting Governor Green’s Office as they roll out this clemency program and we would encourage the Hawaii State Legislature to prioritize legislation next year that would create state-initiated processes to provide broad retroactive relief for every individual who has been thrust into the criminal justice system due to cannabis prohibition. 

Read more about HCR 51 in recent coverage by Marijuana Moment.

About Last Prisoner Project

The Last Prisoner Project, 501(c)(3), is a national nonpartisan, nonprofit organization focused on the intersection of cannabis and criminal justice reform. As the United States moves away from the criminalization of cannabis, giving rise to a major new industry, there remains the fundamental injustice inflicted upon those who have suffered criminal records for cannabis. Our team of system-impacted individuals, policy experts, racial and social justice advocates, celebrities, lawyers, and cannabis industry leaders works to end this fundamental injustice. Through policy campaigns, direct intervention, and advocacy, LPP works to redress the past and continuing harms of unjust cannabis laws.