The post Will Legalized Marijuana Erase Prior Weed Convictions? appeared first on High Times.
California legalized recreational cannabis upon the dawn of the New Year. But naturally, there are still several remaining questions that come on the heels of the monumental variation of drug policy. Whether it’s further hashing out zoning requirements of dispensaries or figuring out a reasonable way to test for stoned driving, lawmakers will have their hands tied for the next several months trying to properly enhance pre-existing marijuana laws. However, there is one of the most impactful questions remaining upon the inception of legal recreational pot. Will legalized marijuana erase prior weed convictions?
The ‘Burning’ Question: Will Legalized Marijuana Erase Prior Weed Convictions?
Unfortunately for prior offenders, it doesn’t look like California’s recent law change will do anything for their cause. At least, according to Loyola criminal law professor Stan Goldman.
According to Goldman, Proposition 64, the official legal document that legalized recreational bud in California, cannot be applied to retroactive cases. So, if the courts convicted you of a weed crime before January 1st, for lack of better terms, you’re SOL.
There is one silver lining, according to Goldman. There’s nothing a judge could do about a prior conviction. However, someone could cite the new law in order to get out of probation.
“Someone could theoretically walk into a judge’s courtroom and ask that judge if they would take them off probation,” Goldman said. “Because although the law doesn’t require it or mention anything about it, it just seems fair that someone not have to suffer consequences for having been convicted of something that today is no longer a crime.”