Hawaii Marijuana Expungement: The Cannabis Pilot Program and Your Options

Hawaii has taken a targeted approach to cannabis record relief through a government-initiated expungement pilot that cleared records without requiring the people affected to file applications or pay fees.

If you have a marijuana-related arrest or conviction on your record, here's what the pilot covers, where it falls short, and what other options exist.

The Big Island Pilot Program

In 2024, the legislature passed Act 62 (originally HB 1595), directing the Attorney General to automatically expunge arrest records for minor marijuana possession charges under HRS § 712-1249 within Hawaii County (the Big Island). This was state-initiated relief — the government identified eligible records and processed expungements without any written application or fee from the record holder.

In 2025, Act 5 (HB 132) expanded the pilot to include possession of any Schedule V substance in any amount, not just marijuana. This expansion was necessary because the state's Criminal Justice Information System frequently couldn't distinguish between marijuana and other substances charged under the same statute — HCJDC staff had to manually retrieve original arrest records from county police to verify what substance was actually involved.

By early 2026, the pilot had successfully cleared 1,321 records for Big Island residents.

Who the Pilot Covers — and Doesn't

Covered:

• Arrest records for possession of small amounts of marijuana under HRS § 712-1249
• Possession of any Schedule V substance under the expanded Act 5
• Only arrests that occurred in Hawaii County (the Big Island) before January 11, 2020
• Only qualifying non-conviction arrest records under the pilot; first-time possession convictions follow separate statutory tracks

Not covered:

• Arrests in any other county (Honolulu/Oahu, Maui, Kauai)
• Distribution, manufacturing, or possession with intent to distribute
• Marijuana offenses charged under statutes other than HRS § 712-1249
• Federal charges related to marijuana

If your marijuana arrest was on Oahu, Maui, or Kauai, the pilot program doesn't apply to you. And there's no guarantee the legislature will expand it statewide — the Clean Slate Expungement Task Force is still studying the feasibility of broader automatic record clearing through 2027.

Standard Expungement for Cannabis Arrests Statewide

If the pilot doesn't cover your situation, you still have options under existing Hawaii law:

Non-conviction arrests (any county): If your marijuana case was dismissed, the charges were dropped, or you were acquitted, you're eligible for standard administrative expungement through the HCJDC under HRS § 831-3.2. File Form HCJDC 159(b) with the $35 fee. No waiting period applies.

Completed deferred acceptance pleas: If you entered a DAG or DANC plea for a marijuana charge and successfully completed the program, you're eligible for expungement one year after the court's written dismissal order.

First-time drug possession convictions (HRS § 706-622.5): If you were convicted of first-time drug possession (including marijuana) and completed probation, you may petition the court for an expungement order. This is a court-ordered expungement, not the HCJDC administrative process.

The Practical Gap

The pilot program highlighted how hard it is for Hawaii to do automatic expungement at scale. The state's databases are incomplete — they often don't record what specific drug was involved in an arrest, what the final court disposition was, or whether the arrest was a first offense. Each record requires manual verification across county police departments, courts, and the HCJDC.

For individuals outside Hawaii County, waiting for the state to act automatically isn't a viable strategy. The standard self-initiated expungement pathways described above are available now and take approximately four to six months to complete.

The Hawaii Expungement & Record Sealing Guide walks through the process for clearing marijuana-related records under each available pathway, including how to determine which statute your charge falls under and whether you qualify for the HCJDC administrative process or need a court-ordered expungement.

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