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Proposed California Law Would Pardon Many Marijuana-Related Crimes

Posted on in Drug Crimes

conviction expungement, San Francisco marijuana crime expungement attorney, marijuana-related crimes, decriminalization process, marijuana decriminalizedAs of June 2018, 30 states and the District of Columbia have legalized medical marijuana. Additionally, nine states, plus D.C., have legalized recreational use.

While the legalization of marijuana is becoming more widespread, it leaves states with the task of determining how to deal with criminals who were charged with marijuana-related crimes in the past.

A proposed bill, recently passed in the California Senate, would allow for the expungement of convictions or a reduction for sentences for marijuana-related crimes, many of which date back years, if not decades.

Tens of Thousands of Cases Will Be up for Review

Under this new bill, the California Department of Justice would be required to look at cases as far back as 1975 to see if they would be eligible for review. Marijuana-related crimes committed between 1975 and 2016 — when marijuana was decriminalized — would be eligible to be expunged, sealed, dismissed or re-sentenced.

Proposition 64 legalized the recreational use of marijuana in California in 2016 and eliminated several marijuana-related crimes, which also applied to prior convictions. The law went into full effect at the beginning of 2018; however, Proposition 64 did not give any guidance or structure on how eligible cases could proceed with the decriminalization process.

Bill Passed in California Senate

Assembly Bill 1793 was introduced to the Senate in January and passed by a vote of 22-8 on Wednesday, August 22. This means that the bill is now under review by California Governor Jerry Brown. Brown has 12 days from Wednesday to sign or veto the bill. If he does not act on it, the bill will become law without his signature. If the bill becomes law, the Department of Justice will have one year — until July 1, 2019 — to determine which cases are eligible for review and to turn them over to the District Attorney’s office, which will then have until July 1, 2020 to object.

Contact a Skilled Santa Clara County Marijuana Crime Expungement Attorney

Now that marijuana has been decriminalized in California, many people have the chance to start over with a clean criminal record. Tens of thousands of cases will be eligible for review to become expunged, sealed, dismissed or re-sentenced.

If you were convicted of a marijuana-related crime prior to 2016, you should immediately contact a San Francisco marijuana crime expungement attorney. The Law Offices of Erik Steven Johnson can help you determine if your convictions are eligible for expungement and walk you through every step of the process. To set up a consultation, call the office at 408-246-3004.

Sources:

https://www.npr.org/2018/08/24/641279363/california-law-would-expunge-many-marijuana-related-crimes

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1793

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