At the Last Prisoner Project (LPP), we believe that no one should remain behind bars or face the lifelong burden of a criminal record for cannabis-related offenses, especially in states where cannabis has been decriminalized or legalized. In Hawai‘i, we have been working since 2021 to ensure that retroactive relief is provided for individuals criminalized under outdated cannabis prohibition laws.
One of the biggest victories in this fight came last year with the passage of HB 1595 (now Act 62), which created a pilot project for state-initiated expungement of non-conviction marijuana possession records on Hawai‘i Island. Unlike traditional expungement processes, which require individuals to apply and pay fees, this project shifts the burden to the state, ensuring that those eligible for relief receive it without unnecessary barriers.
After just one month of implementation, the pilot project identified 2,268 records potentially eligible for expungement. As of December 13, 2024, the Hawai‘i Criminal Justice Data Center (HCJDC) had reviewed 640 of those cases, leading to 81 expungements, 112 cases pending expungement, and 33 denials, with 414 cases still under review. These numbers demonstrate both the necessity and the challenges of state-initiated expungement, particularly in cases where arrest records lack clear substance classification.
While Act 62 was a major step forward, a technical issue in the Hawai‘i Criminal Justice Information System (CJIS) has made implementation far more burdensome than anticipated. Currently, the system does not consistently specify whether a charge under section 712-1249, Hawai‘i Revised Statutes (HRS), was for marijuana or another Schedule V substance. This lack of detail forces HCJDC staff to manually search through arrest and court records, significantly slowing the process.
House Bill 132 (HB 132) seeks to resolve this issue with a simple but impactful amendment, making it easier for the state to verify eligibility for expungement. If passed, HB 132 will eliminate the need for extensive manual searches and ensure that more people receive the relief they deserve without unnecessary delays.
Expunging non-conviction cannabis-related arrest records is not just about clearing data from government databases—it’s about removing barriers to employment, housing, and other opportunities that so many individuals struggle with due to the collateral consequences of their records.
The pilot project and HB 132 are part of a broader movement towards automatic expungement. Twelve other states have already implemented some form of state-initiated expungement, recognizing that justice should not come with a price tag or bureaucratic hurdles. As a member of the Hawaiian Clean Slate Expungement Task Force, LPP will continue to explore expanding eligibility to include conviction records, and HB 132 will serve as an important foundation for further progress.
As noted in testimony submitted today, LPP urges the Hawai‘i Legislature to pass HB 132 and remove the unnecessary barriers that have slowed down the expungement process. We commend the HCJDC, the Department of the Attorney General, law enforcement, and all other agencies working to implement Act 62, and we will continue to advocate for policies that repair the harms of cannabis prohibition.
As the Committee on Judiciary and Hawaiian Affairs prepares to vote on HB 132, we encourage advocates and impacted individuals to voice their support. Expungement is more than a policy change—it’s a second chance for thousands of people who deserve to move forward with their lives, free from the stigma of a past that should no longer define them.
Let’s ensure that Hawai‘i remains at the forefront of meaningful cannabis justice reform. As the legislature considers adult-use legalization, the time to act is now.
Read LPP’s full testimony below:
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