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As the proclamation says, the District of Columbia's local laws are technically federal laws. So it wipes out the convictions of a good number of people in one
by Digory 3y ago
As the proclamation says, the District of Columbia's local laws are technically federal laws. So it wipes out the convictions of a good number of people in one of our major cities.
I can't quite tell if this applies to military convictions. That would be the other area where the Federal government takes the time to prosecute something as minor as mere possession or use.
Another interesting question: does this actually pardon, or is it more like an open call for applications? It looks to me like you'd want to get that pardon certificate from the WH Pardon lawyer well before the next election.
- qingcharles 3y agoAs a fake lawyer, I would also love to know if this applies to military convictions. What other places outside of DC does federal law apply to? (without the need for it to be interstate or some other such clause that is normally required for federal statutes to apply) Can the president pardon crimes on reservations?
- torstenvl 3y agoIt does not apply to military convictions. Very frustrating.
- est31 3y ago> What other places outside of DC does federal law apply to? In theory, anything owned by the federal government is under federal law. This means federal court houses, branches of the fed, federal waters (anything above 3 geographical miles from shore), national parks, etc. Sometimes law enforcement is delegated to state local authorities though.
- hx8 3y agoI am also a fake lawyer. Even in legal states, you can get a simple possession charge on federal land [0]. [0] https://www.fs.usda.gov/detail/olympic/news-events/?cid=STELPRDB5411797 https://www.fs.usda.gov/detail/olympic/news-events/?cid=STEL...
- qingcharles 3y agoThank you. I think this rule applies inside federal buildings on state land too?
- torstenvl 3y agoIt depends on the statutory scheme for the acquisition of the federal land. In some cases the federal government has exclusive jurisdiction, in some cases concurrent, and in some it only has a proprietary interest (i.e., the federal government is the landowner but the state has legal jurisdiction).
- hx8 3y agoI'm curious if there are standard rules for post offices.
- throwup238 3y agoThe Federal government took exclusive jurisdiction over post offices in the 1940s.
- jeffbee 3y ago> As the proclamation says, the District of Columbia's local laws are technically federal laws. So it wipes out the convictions of a good number of people in one of our major cities. According to the report that preceded this action, more than 75% of all federal possession convictions were prosecuted in Arizona. Apparently it was just a rogue jurisdiction. There are a number of totally bonkers details scattered around this report. https://www.ussc.gov/research/research-reports/weighing-impact-simple-possession-marijuana https://www.ussc.gov/research/research-reports/weighing-impa...
- couchand 3y ago> the District of Columbia's local laws are technically federal laws. Cannabis has been legal in DC for 8 years. See Initiative 71.
- sigzero 3y ago> I can't quite tell if this applies to military convictions. No, because it would still violate the UCMJ. The UCMJ would have to change.
- torstenvl 3y agoNo. The President has the power to pardon violations of the UCMJ. There is no statutory change that would have to be made.