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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: 0) by Anonymous Coward on Wednesday January 03 2018, @11:03PM (1 child)

    by Anonymous Coward on Wednesday January 03 2018, @11:03PM (#617403)

    but for the city in which I live DUII arrests have gone up by 12% since legalization.

    The problem is that cops even pull over people who aren't driving dangerously for different reasons, and then notice they're high and decide to get them for that too, even though it should be based on whether their driving was endangering others. How much of that (and DUI charges in general) is because of that?

    I don't use marijuana and never have a single time in my life, just in case someone accuses me of being a pothead for seemingly defending the substance.

  • (Score: 1) by Sulla on Friday January 05 2018, @12:30AM

    by Sulla (5173) on Friday January 05 2018, @12:30AM (#618116) Journal

    Kind of hard for me to respond to as I feel that DUII shouldn't exist and instead reckless driving should hold the same consequences that driving impaired currently does.

    In this scenario the question is whether cops are increasing the amount of people they choose to pull over for diving dangerously compared to how it was before legalization. The local police have decided to not bother arresting/citing people for smoking pot in public, but I don't know if their lack of concern over public smoking extends to increased concern over drivers. I think it is very likely that police have stepped up enforcement following legalization in an attempt to get more revenue, but I think it is also very likely that there are more impaired drivers on the road. I have heard a lot of people complain that they should be able to drive while smoking pot because they claims it makes them better drivers, but I also don't trust the cops to not do all they can to skim some more money.

    --
    Ceterum censeo Sinae esse delendam