Notable NYTimes article noting the immediate impact of Prop. 64’s expungment provision

May 17, 2017

When Californians legalized recreational marijuana last November, they did more than just assure that state and local law can no longer incarcerate people for possessing, growing, or selling small amounts of a drug no more harmful than alcohol.

Specifically, the state ballot measure (Proposition 64) included a provision called for the expungement of marijuana-related convictions resulting from conduct that is now legal. It said, “A person currently serving a sentence for a conviction, whether by trial or by an open or negotiated plea, who would not have been guilty of an offense or would have been guilty of a lesser offense” under this Act had it been effect at the time of the offense may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing or dismissal[.]”

As this NYTimes article explains:

A survey published last fall by the Drug Policy Alliance, a group that pushes for drug law reform, estimated that more than 2,100 people were jailed for marijuana-only offenses in California in 2015.

Since November, hundreds of such inmates had been released after filing petitions under Proposition 64, said Eunisses Hernandez, a California-based program coordinator for the alliance.

That’s meant many happy reunions with family and chances for fresh starts. “It’s been very positive,” Ms. Hernandez said.

What’s more, many cases winding through the courts that might otherwise have resulted in jail time have been knocked down, according to a report that cited lawyers across the state in The Leaf, a cannabis-focused publication.

California’s expungement provision is a notable step forward for marijuana reform.

Unfortunately, of the states to legalize recreational marijuana, only Oregon and Washington, D.C. has included expungement of marijuana convictions as part of its overall marijuana reform efforts. Oregon allows persons with marijuana convictions resulting from now legal conduct to petition for expungement, but, unlike California, such persons aren’t eligible for relief until 10 years has passed since their conviction. In D.C.,…

Despite this step forward, not all Californians with prior marijuana-related convictions for conduct that is now legal will get relief. Specifically, Californians convicted of federal marijuana charges remain behind bars, and in some cases face lengthy sentences.

Data on how many Californians are serving time in federal marijuana cases was not available, but drug policy experts said the figure was at least in the hundreds. Nationwide in 2016, more than 3,500 people were sentenced for federal pot offenses.

In a number of cases, Californians are serving terms of 20 years or more.

That category includes Luke Scarmazzo.

In 2008, Mr. Scarmazzo, of Modesto, was given nearly 22 years in federal prison on charges of marijuana distribution and running a continuing criminal enterprise. His partner, Ricardo Montes, got 20 years.

The men argued that they were running a legitimate medical marijuana dispensary, permissible under California law. Behind bars, they appealed to President Barack Obama for pardons, and last January he granted one to Mr. Montes.

But the president took a pass on Mr. Scarmazzo, who is now 36. (Mr. Obama offered no explanation, but some of Mr. Scarmazzo’s supporters believe a prior assault conviction played a role.)

Barring any change, Mr. Scarmazzo won’t be released until 2027.

Given the boiling swamp and an AG hell bent on stuffing the country’s prisons and jails, hope for people like Mr. Scarmazzo is scant. Realistically, many more could be joining him before the end of this administration. At least on weed, however, Congress….

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