Legislation would make it easier to clear pot convictions from criminal record in California

Buds are removed from a container at the "Oregon's Finest" medical marijuana dispensary in Portland, Oregon April 8, 2014. Over 20 Oregon cities and counties are moving to temporarily ban medical marijuana dispensaries ahead of a May deadline, reflecting a divide between liberal Portland and more conservative rural areas wary about allowing medical weed. Portland, Oregon's largest city, already has a number of medical marijuana clinics and has not moved to ban them. Picture taken April 8, 2014.  REUTERS/Steve Dipaola (UNITED STATES - Tags: DRUGS SOCIETY POLITICS HEALTH) - RTR3KMHE

Recently proposed legislation would make it easier for Californians to have their pot convictions wiped away, in just the latest drug policy development following marijuana legalization on a state level earlier this year.

Under Proposition 64, California residents can petition to have certain drug convictions overturned – but Assembly Bill 1793, introduced by Rob Bonta, D-Oakland, in January, would make it even easier, by automatically clearing the records of those convicted of crimes that are now legal under the new law.

“Let’s be honest, navigating the legal system bureaucracy can be costly and time-consuming,” Bonta told reporters last month in Sacramento. “[It] will give people the fresh start to which they are legally entitled and allow them to move on with their lives.”

Offenses that can now be wiped away include past convictions for possessing up to an ounce of weed and growing between 1-6 plants for personal use, which are both now legal.

However, Bonta has not specified what the cost of such a move would be, as it would require courts to identity who’s eligible and then notify those persons of the changes.

But the proposal is in line with the positions of district attorneys in San Francisco and San Diego, who have said their offices will go through case files themselves so that residents don’t have to go through the petition process.

For example, in San Francisco, pot-related felony and misdemeanors dating back to 1975 will be cleared or re-classified based on the new state law. The city so far has identified 8,000 such cases and San Diego has identified around 5,000.

“Long ago we lost our ability to distinguish the dangerous from the nuisance, and it has broken our pocket books, the fabric of our communities, and we are no safer for it,” San Francisco D.A. George Gascon reportedly said late last month. “A criminal conviction can be a barrier to employment, housing and other benefits, so instead of waiting for the community to take action, we’re taking action for the community.”

Proponents of the move argue that it’s a necessary part of a legalization framework, as past convictions can be a hurdle to finding a job or obtaining certain professional licenses.

“This isn’t just an urgent issue of social justice here in California, it’s a model for the rest of the nation,” Lt Gov. and gubernatorial frontrunner Gavin Newsom added.

However, not all cities are taking this approach, as Los Angeles District Attorney Jackie Lacey says the city will instead have residents follow the petition process already in place.

“The process also allows people most affected by these convictions to pro-actively petition the court for relief and move to the head of the line – rather than wait for my office to go through tens of thousands of case files,” Lacey said in a statement.

As of September 2017, around 5,000 Californians have petitioned to have marijuana convictions expunged or reclassified.

This article was originally published by CalWatchdog.com

Trump Administration Takes Step That Could Threaten California Marijuana Legalization

The viability of the multibillion-dollar marijuana legalization movement was thrown into new doubt on Thursday when the Trump administration freed prosecutors to more aggressively enforce federal laws against the drug in states that have decriminalized its production and sale, most recently California.

Attorney General Jeff Sessions, long a vocal opponent of the legalization of marijuana, rescinded an Obama-era policy that discouraged federal prosecutors in most cases from bringing charges wherever the drug is legal under state laws.

“It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law,” he said in a statement. In his memo to United States attorneys, he called the earlier policy “unnecessary” and pointed to federal laws that “reflect Congress’s determination that marijuana is a dangerous drug and that marijuana activity is a serious crime.”

Democrats and some Republicans condemned the move. Senator Cory Gardner, Republican of Colorado, threatened to retaliate by holding up Justice Department appointments that required Senate approval. Gavin Newsom, the Democratic lieutenant governor of California, vowed to encourage cooperation among states that have legalized marijuana. …

Click here to read the full story from the New York Times

Historic day as recreational cannabis sales begin in California

Celebrating a major shift in cultural attitudes about cannabis — or just looking to enjoy the right to get high without legal entanglements — Californians lined up at dispensaries up and down the state Monday morning to be among the first to purchase recreational marijuana, more than a year after the state’s voters passed Proposition 64.

In the pre-dawn darkness at KindPeoples collective in Santa Cruz, a line of 80 people snaked around the building before doors opened. The first sale – a eighth of a gram of indica flower called ‘Nine Pound Hammer’ – was made to resounding applause to Craig Reinarman, a 69-year-old UC-Santa Cruz professor emeritus of sociology and legal studies whose research has focused on drug policy in America.

“It feels great. It is long overdue,” Reinarman said. “Cannabis prohibition was conceived in fraud, spread by racist fears full of misinformation and myths. And now the law is finally catching up with the culture and people.”

Jeff Deakin, 66, lined up outside Harborside, a dispensary in Oakland, about 6 p.m. on New Year’s Eve to be one of the first people to legally purchase recreational marijuana on the first day sales became legal to adults 21 and older. He was the first of a line of several hundred people of all ages and backgrounds eager to buy recreational cannabis. …

Click here to read the full article from the Cannifornian

California releases long-awaited cannabis regulations, will allow huge farms

marijuanaThere will be no cannabis cappuccinos or drone deliveries in California under the new pot rules state officials released Thursday that regulate everything from who can legally sell and deliver marijuana to how it must be packaged and transported.

The rules released by three licensing agencies — the Department of Health, Department of Food and Agriculture and the Bureau of Cannabis Control — offer the first glimpse of the future in which pot is legal throughout California.

Big farms will continue to thrive in Mendocino and Monterey. Small delivery services will finally operate legally. Pot won’t be transported in self-driving cars or on bicycles, and it isn’t allowed in strip clubs.

Those guidelines come amid mass confusion among cities that haven’t put together their own regulations for the sale of recreational marijuana, which will be legal Jan. 1. …

Click here to read the full story from the San Francisco Chronicle

Kern County bans all commercial marijuana production

As reported on Bakersfield.com:

Kern County banned commercial cannabis Tuesday.

Four of the five county supervisors said they did not want to be party to the permitting and regulation of an industry that wields such a destructive impact on the communities they represent.

“The vast majority of the pot shops in the greater Bakersfield area are in Oildale,” said Supervisor Mike Maggard.

He said his people, the residents and businesses in the poorest areas of his district, are being disproportionately impacted by marijuana dispensaries.

Maggard said suggesting that he allow an industry that has victimized his constituents for years to operate legally, simply for the money it might represent to county coffers, is offensive to him.

“I can’t turn my back on the neighborhoods I represent,” he said.

Supervisor Mick Gleason also supported the ban, but cautioned people not to expect that it will remove marijuana from Kern County. …

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Marijuana legalization at the tipping point

As reported by the San Francisco Chronicle:

Up to five states could approve adult-use cannabis laws on Nov. 8, which could mark a global inflection point for the civil liberty issue.

The Atlantic’s Rusell Berman notes California is virtually its own nation-state, and is polling in the high 50s on legalization Proposition 64.

“Beyond California, slimmer majorities of voters are backing full legalization in Massachusetts, Arizona, and Maine. In Nevada, polls have been mixed, with one in September showing strong support for passage and a more recent survey suggesting voters are split.”

Voters could also add new medical marijuana laws to four states — Florida, Montana, North Dakota, and Arkansas. Thirty-five states now have some form of medical marijuana law, four states and Washington DC have legalization. …

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