The cannabis industry is cutting its teeth all across the United States, leading many to question what will happen to those affected most by cannabis prohibition. After decades of illegality, there are many citizens who found themselves handed criminal charges and convicted for offences that have since become legal in many places. The question of what to do about this issue has been addressed by two of California’s cities – San Diego and San Francisco.
San Francisco District Attorney General George Gascon has stated that his team of prosecutors is about to “dismiss and seal over 3000 misdemeanour convictions dating back before the state’s legalisation of marijuana went into effect, with no action necessary from those who were convicted.”
San Francisco is taking a big step to address this hypocritical issue by removing these non-violent marijuana convictions. Some even range back more than 40 years. This move has not gone unnoticed as San Fran shows that rest of the U.S. how to properly transition into the era of legal cannabis.
There’s more to come as well, as prosecutors in San Francisco will review over 5000 felony convictions with the aim of reducing those applicable to misdemeanour offences.
This voluntary move is a result of the fact that even though people convicted of cannabis charges are able to apply to have their records expunged, the process can be financially demanding and difficult to arrange. Only 23 petitions for a retroactive expungement of records had been filed in San Francisco during 2017.
Gascon says, “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.”
By taking this step in the right direction, Gascon is hoping to remove more layers of discriminatory law enforcement in the city through Proposition 64. He acknowledges that cannabis arrests and convictions have had a greater effect on colored communities. San Francisco’s Cannabis equity Report found that Black people made up about fifty percent of all cannabis related arrests during 2010 and 2011, even though they comprise just six percent of the cities total population.
San Diego is looking to follow suit as well. The San Diego District Attorney’s office has been working to identify close to 5000 cases that are eligible for the same treatment. These cases will then come up for review and potential dismissal, with some dating back to 2002. Persons who wish to have their individual case reviewed can file a CR-4000 petition form with the San Diego County Superior Court. Convictions that are eligible for review include cannabis possession, cannabis cultivation, cannabis possession for sale, cannabis transportation, cannabis distribution, cannabis importation and possessing cannabis for personal use. Of those reviewed, 680 felony convictions have already been reduced to misdemeanours.
As more than half of the country has access to legal medical marijuana, and nine states (not including Washington D.C.) offering cannabis legalization for adults, it would be hypocritical not to pardon non-violent offenders at this point.