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#295311 - 11/04/16 03:32 PM If Prop 64 passes, what happens to prisoners convicted of marijuana charges?
Golem Offline
enthusiast

Registered: 03/12/12
Posts: 3692
Loc: Orange County, California, USA
Brooke Edwards Staggs
Orange County Register
November 4, 2016

Quote:
Though his fate will hang in the balance on Election Day, Corvain Cooper won’t get to cast a ballot.

The 37-year-old will be in a cell in central California’s Atwater federal prison, where he’s serving a life sentence with no chance of parole for convictions involving marijuana.

“I was placed in a federal prison at its highest level, with felons who all committed acts of violence,” the Los Angeles native said in a series of monitored emails sent from prison.

“Yet they all have release dates.”

Soon, Cooper could too.

Though most of the attention surrounding Proposition 64 centers on how the measure would make it legal for adults to consume recreational marijuana, the law would do something else: potentially reduce prison sentences and clear old criminal records related to marijuana.

Cooper is one of more than 6,000 people serving time who could potentially have their time behind bars shortened or even go free if Prop. 64 passes on Tuesday, according to an estimate by the Drug Policy Alliance, which is funding the measure.

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#295315 - 11/04/16 05:40 PM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: Golem]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 7565
Loc: North San Diego County
Under the measure, it is legal to grow 5 plants and possess one ounce. But 5 plants would yield a lot more than one ounce of weed. I've seen some HUGE plants.

I guess you don't count weed still on the plants in that ounce. Then you harvest continuously and smoke it up so you never have more than an ounce in your stash?

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#295316 - 11/04/16 05:59 PM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: Golem]
pdx rick Offline
Member
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Registered: 05/09/05
Posts: 40878
Loc: Puget Sound, WA


How has Colorado, Washington, Oregon and Alaska handled this question?
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#295322 - 11/04/16 06:23 PM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: Golem]
Jeffery J. Haas Offline


Pooh-Bah

Registered: 08/03/04
Posts: 13123
Loc: Whittier, California
Unfortunately "retroactive ameliorative relief" is not something the the United States, a nation obsessed with freedom and liberty, thinks much about.

Quote:

“The United States is one of only 22 countries that doesn’t guarantee retroactive ameliorative relief in sentencing,” says Amanda Solter, Project Director of Human Rights and Criminal Sentencing Reform Project for the University of San Francisco School of Law. “The only other countries that do this are places like Myanmar, Oman, Pakistan, South Sudan, and a handful of countries in the Caribbean. Even Russia provides this right.”


Weed Is Legal, but Prior Offenders Won’t Be Let Off the Hook

64 would be a rarity, and would still most likely apply only at the state level. I'm not sure persons convicted on federal charges would ever see relief.

One of the biggest reasons is money. The USA is a country where even CORRECTIONS is now a cash cow. We can't make money making stuff anymore, might as well make money off of misery and punishment.

Retroactive Ameliorative Relief would be a shot across the bow at several sacred cows, the DEA, ICE, and the private prison industry.
It is viewed as a threat to politically appointed judges and attorneys, too.
Suddenly a storied career putting away thousands of potheads amounts to a hill of beans, and what else does a twenty year lifer prosecutor have to show for it...no real bad guys, maybe. Just a bunch of "hippies, darkies and wetbacks" who got to go free anyway.
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#295351 - 11/05/16 12:16 AM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: Golem]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 7565
Loc: North San Diego County
Hopefully, when enough states have decriminalized it, the feds give up (or the Supreme Court intervenes) and the federal laws are overturned.

Some articles I have read suggested things like third-strike sentences could be revised because a pot felony could be reduced retroactively to a misdemeanor or expunged.

That can make a BIG difference to somebody with a life sentence for a series of drug crimes.

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#295472 - 11/07/16 02:06 AM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: Golem]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 7565
Loc: North San Diego County
I was just checking last night, and there are lots of dispensaries around here that sell modern pot clones for $15 each: Super strains of "brand name" maryjane that are known to be female and heavy producers.

Given a room with good skylights or a little opaque greenhouse, you could grow all the pot you need to stay permanently baked with a VERY low cash outlay.

So much for putting a billion dollars in the state tax coffers!

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#295474 - 11/07/16 02:11 AM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: pondering_it_all]
pdx rick Offline
Member
Carpal Tunnel

Registered: 05/09/05
Posts: 40878
Loc: Puget Sound, WA
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#295475 - 11/07/16 02:12 AM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: pondering_it_all]
pdx rick Offline
Member
Carpal Tunnel

Registered: 05/09/05
Posts: 40878
Loc: Puget Sound, WA
Originally Posted By: pondering_it_all
Hopefully, when enough states have decriminalized it, the feds give up (or the Supreme Court intervenes) and the federal laws are overturned.

Some articles I have read suggested things like third-strike sentences could be revised because a pot felony could be reduced retroactively to a misdemeanor or expunged.

That can make a BIG difference to somebody with a life sentence for a series of drug crimes.

The "problem" that most pot retailers are having is that it is all cash-only transactions because it's against Federal Law for banks to allow drug transactions to be approved on their credit/debit card approving devices - something about laundering drug money... coffee
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#295485 - 11/07/16 04:51 AM Re: If Prop 64 passes, what happens to prisoners convicted of marijuana charges? [Re: pdx rick]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 7565
Loc: North San Diego County
I think the states themselves should step in to supply basic banking services to the pot dealers, where ever medical or recreational pot is legal: It is in the state's best interests if the cash is all accounted for, since they are getting a cut in taxes. It is also in the state's best interests if the cash is not stolen!

This would indemnify the "bank" from federal law enforcement because the banker would be the state themselves. If they want their cut, they should take some (a tiny bit) of the risk.

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