Hawaiʻi Considers Shorter Probation, Lighter Punishment For Drug Possession

Lawmakers aim to reform the state's criminal code, including reducing lengthy probation terms and reclassifying minor drug offenses as misdemeanors.

Apr. 7, 2026 at 8:26pm

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A fractured, abstract painting in shades of blue, green, and purple depicting the silhouette of a person walking, representing the movement and transition within the criminal justice system.The proposed reforms to Hawaiʻi's criminal code aim to shift the focus from lengthy punitive measures to a more rehabilitative approach for low-level offenses.Honolulu Today

Hawaiʻi has the longest average probation terms in the country, more than double the national average. Lawmakers are considering reducing probation for certain non-violent felonies from four years to three years, as well as making possession of small amounts of drugs a misdemeanor instead of a felony. These proposed changes are part of a broader effort to reform the state's criminal code and take a more rehabilitative approach to drug addiction.

Why it matters

The proposed reforms aim to address concerns that lengthy probation terms and harsh penalties for minor drug offenses are counterproductive, often leading to incarceration for technical violations rather than new crimes. Advocates argue these changes could reduce the burden on the criminal justice system, remove barriers to employment and housing for those with criminal records, and shift the focus towards treatment and rehabilitation for those struggling with addiction.

The details

The changes are being considered as part of a regular 10-year review of Hawaiʻi's penal code. The proposed legislation would reduce probation for certain non-violent felonies from four years to three years, while maintaining longer terms for more serious offenses like assault and arson. It would also reclassify possession of small amounts of drugs like meth and heroin as a misdemeanor instead of a felony, requiring substance abuse assessments and treatment rather than automatic incarceration.

  • Between July 2024 and June 2025, judges handed out more than 17,000 probation orders in Hawaiʻi.
  • In 2015 and 2016, about 45% of people on felony probation in Hawaiʻi did not get in any trouble while under supervision.
  • Within the first year of probation, 41% of 1,301 felony probationers were arrested or violated their probation terms. This number dropped to just 14 people by the third year.

The players

David Muhammad

Executive director of the National Institute for Criminal Justice Reform, who argues that extended probation terms are often unnecessary and can be harmful.

Hayley Cheng

First deputy with the Office of the Public Defender in Hawaiʻi, who says the proposed changes are an opportunity to address outdated practices in the criminal justice system.

Rep. David Tarnas

Chair of the House Judiciary Committee in Hawaiʻi, who introduced the House version of the bill and supports the Advisory Committee on Penal Code Review's recommendations.

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What they’re saying

“The longer I'm being supervised, the more likely it is you're going to catch me up in doing something that's a violation of the terms of my supervision. It might be minor, but because that means I'm subject to reincarceration, the harms are significant.”

— David Muhammad, Executive Director, National Institute for Criminal Justice Reform

“It really is a stain on your lifetime criminal record that has consequences that last a lifetime, and that's incredibly different from a misdemeanor.”

— Hayley Cheng, First Deputy, Office of the Public Defender

“I think we're heading in the right direction so that we are working to create a criminal justice system that is fair and restorative, not just punitive.”

— Rep. David Tarnas, Chair, House Judiciary Committee

What’s next

The proposed changes to Hawaiʻi's criminal code, including the reduction in probation terms and reclassification of minor drug offenses, are currently being considered by the state legislature. If the bill containing these reforms, Senate Bill 2721, is passed, the new policies would go into effect.

The takeaway

Hawaiʻi's efforts to reform its criminal justice system by reducing lengthy probation terms and treating low-level drug offenses as public health issues rather than felonies reflect a growing national trend towards more rehabilitative and less punitive approaches. These changes aim to reduce the burden on the criminal justice system, remove barriers for those with criminal records, and focus resources on addressing the root causes of crime and addiction.