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posted by Fnord666 on Wednesday January 03 2018, @10:07AM   Printer-friendly
from the I-am-the-law-Judge-Dredd dept.

Arthur T Knackerbracket has found the following story:

The state of California legalised recreational cannabis use in November 2016, and it will become legal state-wide on Monday. That means anyone 21 and older will be able to buy cannabis from a licensed store, known as a dispensary.

The resentencing provisions of Proposition 64, California's cannabis legalisation initiative, have been in effect since last year, said Eunisses Hernandez, a policy coordinator at the Drug Policy Alliance, a group working to end drug prohibition. But few people know about the resentencing provision, which applies to people who are currently imprisoned or out on parole, Hernandez told Al Jazeera.

Individuals who apply for resentencing may be released from prison or have the charge on their criminal record reduced. Felonies may be lowered to misdemeanours, misdemeanours to infractions, or infractions to an outright dismissal of charges.

Resentencing will likely affect thousands of lives, since at least 500,000 marijuana-related arrests have been recorded in California over the last decade, Hernandez said.

[...] Several groups in the US have urged authorities to include changes to drug-related criminal offences in their efforts to legalise recreational cannabis.

Proponents of cannabis legalisation feared that allowing people with past drug convictions to get out of jail or reduce their sentences would lower the chance that the laws would pass at all. "There was, in many cases, a reluctance to bring this up," he told Al Jazeera.

Today, opponents of resentencing provisions often argue that retrying these cases puts "a very, very large potential burden on the courts", Sterling said.

Law enforcement officers may also contend that a guilty plea to cannabis possession may follow the dropping of more serious charges, such as possession with the intent to distribute - "and so to make a blanket change without looking at all of the underlying facts of the arrest would mean that more serious offenders would have their records expunged", Sterling said.

Ultimately, Sterling said it is most important to make sure people who may be affected by a resentencing law are aware that the law exists in the first place.

"The key thing, I think, is the ability for people to re-enter the economy and society free of those encumbrances," he said. "We would also say they are eligible to vote, they are eligible for jury duty, that all of their civil rights are restored."


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  • (Score: 3, Informative) by takyon on Wednesday January 03 2018, @05:11PM

    by takyon (881) <reversethis-{gro ... s} {ta} {noykat}> on Wednesday January 03 2018, @05:11PM (#617220) Journal

    Evidently Alaskans are not a forgiving people and while fine with legalization are not fine with overturning convictions.

    This is not evident. There were previous attempts [ballotpedia.org] at recreational legalization across the nation. None succeeded until 2012. Alaska itself [wikipedia.org] decriminalized cannabis in 1982 but recriminalized it in 1990.

    Your actual conclusion should be that attitudes towards cannabis changed significantly over the decades. Look at this graph [pewresearch.org]. You can see that Alaska's failed Legalize Marijuana Act in 2004 got more support (~44%) than nationwide support for legalization at the time (33%).

    Regardless of whether or not the law was just, the people willingly violated the law.

    Cannabis was effectively decriminalized [wikipedia.org] by the Alaska Court of Appeals in 2003. Not that there weren't other ways to break the law other than possessing more than 4 ounces.

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