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

Some of the latest data to have emerged in recent weeks on marijuana arrests gives us a little hope, but also illustrates how much farther we have to go on this issue.

The first analysis was conducted by The Washington Post after receiving the latest FBI unified crime statistics from 2015. Reporters learned that the number of marijuana possession arrests last year – 575,000 – was the lowest its been since 1996. It also shows us a 7 percent year-over-year drop, and an approximately 35 percent dip since 2007, when pot possession arrests were at their peak of 800,000. Now, this would suggest that police are overall spending less time to marijuana enforcement, particularly with regard to other drugs. But then, we consider a joint report by the Human Rights Watch and the American Civil Liberties Union that shows the 575,000 marijuana arrests in 2015 for low-level personal use last year numbered 13.6 percent more than the 506,000 arrests made for all violent crimes that same year – including for murder, rape and serious assaults.

The joint report, titled, “Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States,” highlights the disparate treatment black Americans receive in the criminal justice system. This includes the disproportionate number who are sent to jail when they are unable to cover the cost of those court-imposed fines. They are also disproportionately stopped in traffic and even while riding bicycles.

The joint report also highlights the fact that our justice system coerces guilty pleas, even from innocent people. In 2009, more than 99 percent of those convicted for drug possession in the 75 biggest counties in the country pleaded guilty. Data obtained from Florida and Alabama shows that at least in two states, most drug possession defendants were poor enough to qualify for court-appointed counsel and yet, the average bail amount for these offenses was $39,900. For lower income defendants, bail that’s this high means they will stay in jail until their case is resolved. That creates a significant incentive to get it over with. This is especially true when prosecutors offer probation, relatively short sentences or “time served” in exchange for a guilty plea – something that starts to look very attractive when the alternative is to stay in jail to fight a conviction. Then you also take into consideration the so-called “trial penalty.” That is, the plea deal may involve a short stint behind bars, while a conviction upon trial may result in decades behind bars.

So even as marijuana arrests for possession are the lowest they have been in years, it still works out to an arrest every single minute.

A widely-cited report in 2013 by the ACLU revealed that taxpayers paid $3.6 billion in marijuana possession enforcement every year. The study also indicated that while white Americans and black Americans use the drug at the same rates, black users were four times more likely to be arrested.

If you have been arrested, there are a myriad of pre-trial defenses that should be explored to minimize your risk of conviction.

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

Additional Resources:

Marijuana arrests fall to lowest level since 1996, Sept. 26, 2016, By Christopher Ingraham, The Washington Post

More Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, Sept. 5, 2016, Los Angeles Marijuana Arrest Lawyer Blog