The state Legislature continues to be engaged on measures addressing marijuana this session — not legalization, however rising the quantity lined by decriminalization.
The eye on the regulation of the substance has raised questions on clearing felony data for marijuana convictions below outdated legal guidelines.
Nonetheless, progress in that space has been painfully gradual.
The state decriminalized possession of below 3 grams of marijuana in 2020. That regulation additionally cleared the best way for anybody convicted of possessing that quantity to have their report cleared — or “expunged.”
The Hawaiʻi Legal Justice Knowledge Heart says about 12,000 data may qualify for expungement. Over the past 4 years, solely two folks have been in a position to clear their felony data.
The middle is a part of the state Division of the Lawyer Common. Its knowledge additionally exhibits about 40,000 arrest data are doubtlessly for possession of lower than 3 grams of marijuana. Whereas these folks weren’t convicted, the arrest data stay.
The state has solely been in a position to expunge about 50 of these data a 12 months within the final 4 years.
“These numbers do not even scratch the floor, proper?,” mentioned Hawai‘i Innocence Challenge Affiliate Director Jennifer Brown.
Brown and different advocates need a state-initiated expungement course of. That is when the state begins the expungement course of versus the way it works now the place these searching for aid apply to the state themselves and pay a charge.
Brown mentioned a state-initiated expungement course of would profit not solely these searching for aid but in addition the state.
“In case you have those who have arrests and even convictions which might be eligible to be expunged after which their felony data, background checks are coming in and it is stopping them from housing, it is stopping them from sure social companies, stopping them from employment — all of that’s expensive to the state as effectively,” she mentioned.
Out of the expungement functions which were submitted for marijuana possession, just a few have been rejected over time. The principle cause was that the folks didn’t submit the correct cost for his or her expungement.
One measure would begin a state-initiated expungement pilot course of on Hawaiʻi Island for non-conviction marijuana possession data. The Senate voted on and handed the measure Tuesday on its third studying.
Final Prisoner Challenge Senior Coverage Affiliate Frank Stiefel mentioned it might be a terrific studying alternative for the state.
“Our hope is that this pilot can actually present and work out the kinks for what a state-initiated course of may seem like to actually sort out the difficulty at a bigger degree, to sort out all of those non-conviction data,” he mentioned.
“There’s hundreds of people proper now in Hawaiʻi (with) a report for hashish possession, though they have been convicted of no felony wrongdoing,” Stiefel mentioned.
The legal professional common’s workplace helps the measure over a distinct invoice that may create a job drive to provide you with a state-initiated expungement course of for the entire state.
Though lawmakers declined to legalize marijuana this session, one other invoice that may decriminalize as much as 1 ounce of marijuana and decrease the high-quality from $130 to $25 awaits Senate settlement with Home amendments to the measure — one of many ultimate levels of the legislative course of.
If it does go, extra folks may grow to be eligible to expunge their marijuana possession convictions.
