Canada considering what to do about past cannabis convictions (POLL)
As San Francisco announces they will retroactively apply their marijuana-legalization laws to previous criminal cases, the Canadian government is considering a similar move.
San Fran District Attorney George Gascón announced on Wednesday that he would be reviewing, recalling, and resentencing up to 4,940 felony marijuana convictions.
He would also be dismissing and sealing 3,038 misdemeanors sentenced before the legalization of marijuana in California in November 2016.
#Prop64 reduced criminal penalties for marijuana offenses after its passage in November 2016, but @SFDAOffice will be reviewing, recalling & resentencing up to 4,940 felony marijuana convictions & dismissing & sealing 3,038 misdemeanors sentenced pre #Prop64 CC: @GavinNewsom
— George Gascón (@GeorgeGascon) January 31, 2018
Writing on Twitter, Gascón said the War on drugs was a failure, and it’s time he took action to undo the damage it has done.
Today’s announcement covers effectively all the marijuana convictions adjudicated in San Francisco’s courts since 1975. The #WarOnDrugs was a failure, it’s time we take action to undo the damage it has done.
— George Gascón (@GeorgeGascon) January 31, 2018
California’s marijuana legalization law, Prop 64 (Adult Use of Marijuana Act), already allows for pot smokers to petition to have their past convictions reduced or wiped.
However, said Gascón, people petitioning to have their convictions erased from the records needed an attorney and not enough people had applied.
CA law enforcement made ~ 2.7 million cannabis arrests btwn 1916 & 2016. #Prop64 allows for past marijuana crimes to be petitioned to have convictions reduced or wiped. But only 4,885 Californians have petitioned cts RE #Prop64 cannabis convictions, according to @DrugPolicyOrg
— George Gascón (@GeorgeGascon) January 31, 2018
Expungement relief is available under #Prop64, but it requires people to know about the available relief and to retain an attorney to file the petition. Instead of waiting for the community to take action, we’re taking action for the community!
— George Gascón (@GeorgeGascon) January 31, 2018
What about Canada?
So would Canada consider doing something similar when cannabis is legalized in July 2018? Daily Hive asked federal Public Safety Minister Ralph Goodale.
A spokesperson for his office said once cannabis is legalized, they will examine how to “make things fairer” for Canadians previously convicted for minor possession offences.
Here’s their full statement:
We are in the process of a major change in Canadian society. We have had a law on cannabis in place for a century that has proven to be an abject failure. Canada has the highest rate of cannabis use among young people in the western world, its profits are flowing into the hands of organized crime and we’re spending billions to enforce a regime that doesn’t work.
Our government is changing the law to keep cannabis out of the hands of youth, keeping the profits out of organized crime and do a better job of dealing with impaired driving. We’re taking the time to make this change in an orderly, coherent way. In the meantime, the existing law remains in place. We’re working assiduously to get the job done.
An individual convicted of simple possession of marijuana, up to 30 grams, is eligible to apply for a record suspension through the Parole Board of Canada, five years after the sentence is completed.
We will be making reforms to the pardons system based on input Canadians shared in public consultations.
Pardons are the final step in the reintegration process. Inaccessible pardons can be a significant barrier to good employment as many positions require criminal record checks.
We want to ensure that the waiting period, fee and purpose of the program are fair, proportionate and productive. We will do that by implementing evidence-based criminal justice policies that support rehabilitation, prevent crime and victimization, and keep our communities safe.
Once Bill C-45 is enacted, we will examine how to make things fairer for Canadians who have been previously convicted for minor possession offences.