cannabis convictions. In San Francisco, for example, Code for America is assisting the District Attorney’s office in identifying people eligible to have their marijuana arrest records cleared, according to a report by Fast Company. The organization created an algorithm that could scan old case files for qualifying criteria. The system then takes it a step further by filling out the necessary paperwork, as well.

This is a huge victory for communities hit hardest by the politically motivated and often misguided “War on Drugs.” Minority communities and neighborhoods have historically been targeted the hardest when it came to convicting for marijuana use, while similar crimes in predominantly white communities were largely ignored. This has left a trail of destruction for predominantly black areas, with families broken apart by loved ones serving jail time and futures being damaged. It is more difficult for those with convictions on their records to find good work and obtain housing, meaning that even once people have fulfilled their punishment, they can be haunted by their records years later.Now that both medical and recreational cannabis are legal in California, it is wildly unfair that anyone should have their reputation continue to be maligned for activity that people can now engage in legally and openly in the eyes of the state. Legislators agreed, which is why Proposition 64 built into it initiatives to allow those with certain types of misdemeanor cannabis convictions to petition to have their records cleared. Others with higher levels of marijuana-related crimes can request to have the charges reduced.

The petition system was an excellent first step, but there is the potential for people to still fall through the cracks. There are people who might not be fully aware of their rights, who might not understand the process by which they can clear their names, or who simply don’t have the time or resources to research the proper steps they need to take. That’s why prosecutors in several areas, including the counties of San Francisco, San Diego, Santa Clara, and Alameda, are automatically reviewing more than 10,000 cannabis-related cases and carrying out dismissals or sentence reductions where applicable. Many cities cited a lack of resources for such a process as why they have continued to rely on those with convictions to advocate for themselves. The new algorithm being used by San Francisco really changes the game, though, making it possible to more easily scan through thousands of records without extensive manpower. City prosecutors have tested the tool and plan to start using it, as well as sharing it with other district attorneys throughout California.

Our Los Angeles marijuana arrest lawyers know this is a monumental step for those who have suffered from marijuana convictions and have been the victim of old school philosophies. Our law firm is here to help anyone who needs further assistance understanding how new laws affect their past cannabis criminal records, and we are here to help you should you find yourself with current marijuana-related charges against you. Our team has the experience and deep understanding of the ever-evolving laws that can help you and your case.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Some Prosecutors Are Erasing Old Weed Convictions. Why Isn’t Yours?, May 2, 2018, By Matt Ferner, Huffington Post

More Blog Entries:

Seeking Relief for Those with Marijuana Criminal Records, Feb. 15, 2018, Los Angeles Marijuana Lawyers Blog

The argument: That if you vote for legalization of recreational marijuana, the television and radio airwaves are going to be flooded with marijuana advertising.

For 45 years, there has been a ban on the advertisement of tobacco and smoke-related products. Now, some lawmakers are arguing that Prop. 64, the marijuana legislation, is going to undo all that. Sen. Dianne Feinstein (D-Ca.) argued that if California voters approve Prop. 64, they’ll be opening the door to marijuana smoking advertisements during prime time, when millions of teens and children will be tuning in.

The claim is rather alarming, and it stems from a provision of the new proposal that stipulates any marketing or advertising of the drug that appears in digital, print, radio, broadcast or cable outlets can only occur where at least 72 percent of the audience can be reasonably expected to be over the age of 21. The “No on 64” campaign called this figure “a joke” because virtually every show on television has an adult audience, which would mean almost every show is going to have advertisements that promote consumption of marijuana smoking.

This assertion has resulted in a notable dip in support for Prop. 64. The opposition group’s recent survey on the issue indicated there was a 13 percent drop in support after voters were told of this argument about promoting smoking marijuana on prime-time television.

But is that actually true?

Well first of all, the ban on smoking advertisements – that’s a federal law. It isn’t going to change no matter what people in California decide to do. Plus, marijuana is still not legal under federal law. Sure, the federal government has eased its prosecution of marijuana sales in states that have legalized the drug, but it still keeps tabs – and enforces certain restrictions – on elements of marijuana business operations. That includes advertising on radio and television stations that are federal licensed (which is pretty much all of them). The U.S. Controlled Substances Act, which remains in effect, states it is unlawful to advertise Schedule I narcotics – which is exactly what marijuana is.

Broadcasters that are licensed by the federal government aren’t going to risk suspension or revocation of that federal license just to run a marijuana ad. The head of the California Broadcasters Association told The Washington Post that even if Prop. 64 passes, it isn’t going to change anything in the advertising industry because the rule is federal and the drug is still illegal at the federal level.

Opponents say they aren’t convinced. After all, marijuana is illegal at the federal level too, but states have been allowed to circumvent those laws. Why not restrictions on advertising?

It’s not that it’s impossible, but realistically, television stations aren’t going to take the risk of being taken off the air just to run a few local marijuana advertisements. Politifact rated the opposition’s argument, “Mostly False.”

Proponents of the law say the reason for the provision had nothing to do with promoting marijuana, but rather creating some specific guidelines because as it now stands, there are no regulations on advertising.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

The ‘mostly false’ argument that could derail legal weed in California, Aug. 24, 2016, By Christopher Ingraham, The Washington Post

More Blog Entries:

DEA: Marijuana to Remain on List of Dangerous Drugs, Advocates Frustrated, Aug. 17, 2016, L.A. Marijuana Lawyer Blog