4 ms·

Ask HN: If marijuana is legalized, what happens to people jailed for possession?

1 points by hoodoof 11y ago

melling 11y ago
"Myth: Prisons are full of people in for marijuana possession" http://www.rollingstone.com/culture/lists/top-10-marijuana-myths-and-facts-20120822/myth-prisons-are-full-of-people-in-for-marijuana-possession-19691231#ixzz3f3rRWUrA http://www.rollingstone.com/culture/lists/top-10-marijuana-m... If this information is accurate then we are talking about 400 people.
- dalke 11y ago
  How is that relevant to the question?
  - melling 11y ago
    How is this question Hacker News?
    - dalke 11y ago
      The Hacker News FAQ at https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html asks "Please don't submit comments complaining that a submission is inappropriate for the site", and recommends an alternative course of action.
bbrks 11y ago
They still committed a crime (at the time of arrest/trial), so they will complete their sentence.
- dalke 11y ago
  According to http://mic.com/articles/86089/if-the-u-s-legalized-weed-what-would-happen-to-everyone-in-jail-for-marijuana-crimes http://mic.com/articles/86089/if-the-u-s-legalized-weed-what... (which is one of many articles that address this topic): > the Colorado Court of Appeals ruled that the state's Amendment 64, which legalized the possession of small amounts of marijuana, meant that some offenders could appeal their convictions. A unanimous decision by a three-judge panel agreed that the ruling should be interpreted retroactively, which immediately overturned the 2011 conviction of a woman for possession, and potentially setting the stage for the release of many Coloradans incarcerated for marijuana possession. Hundreds of prisoners and persons on probation could see their sentences modified, and some could even be released. Quoting further from http://articles.latimes.com/2014/mar/14/news/la-ol-marijuana-crimes-colorado-20140314 http://articles.latimes.com/2014/mar/14/news/la-ol-marijuana... : > To start, the Colorado ruling gives marijuana prisoners the right to appeal their sentences. It doesn’t guarantee they will actually see any relief. That will have to be decided on a case-by-case basis. The ruling also does not appear to apply to older convictions, where those who already served prison time could petition the court to expunge their records. > Of course, the ruling doesn’t apply to other states. Washington, which also legalized marijuana in 2012, like Colorado, will have to make its own provisions for retroactive ameliorative relief. In any case, federal convictions have no guarantee of retroactive ameliorative relief.
JurassicCarp 11y ago
They stay in jail. Sentences aren't retroactively rescinded when laws change. Edit: As the response to another post has stated, there may be avenues opened after decriminalization to appeal convictions. Those avenues will likely vary from state to state, if they exist at all.

1 points by hoodoof 11y ago

"Myth: Prisons are full of people in for marijuana possession" http://www.rollingstone.com/culture/lists/top-10-marijuana-myths-and-facts-20120822/myth-prisons-are-full-of-people-in-for-marijuana-possession-19691231#ixzz3f3rRWUrA http://www.rollingstone.com/culture/lists/top-10-marijuana-m... If this information is accurate then we are talking about 400 people.

dalke 11y ago
How is that relevant to the question?
- melling 11y ago
  How is this question Hacker News?
  - dalke 11y ago
    The Hacker News FAQ at https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html asks "Please don't submit comments complaining that a submission is inappropriate for the site", and recommends an alternative course of action.

bbrks 11y ago

They still committed a crime (at the time of arrest/trial), so they will complete their sentence.

dalke 11y ago
According to http://mic.com/articles/86089/if-the-u-s-legalized-weed-what-would-happen-to-everyone-in-jail-for-marijuana-crimes http://mic.com/articles/86089/if-the-u-s-legalized-weed-what... (which is one of many articles that address this topic): > the Colorado Court of Appeals ruled that the state's Amendment 64, which legalized the possession of small amounts of marijuana, meant that some offenders could appeal their convictions. A unanimous decision by a three-judge panel agreed that the ruling should be interpreted retroactively, which immediately overturned the 2011 conviction of a woman for possession, and potentially setting the stage for the release of many Coloradans incarcerated for marijuana possession. Hundreds of prisoners and persons on probation could see their sentences modified, and some could even be released. Quoting further from http://articles.latimes.com/2014/mar/14/news/la-ol-marijuana-crimes-colorado-20140314 http://articles.latimes.com/2014/mar/14/news/la-ol-marijuana... : > To start, the Colorado ruling gives marijuana prisoners the right to appeal their sentences. It doesn’t guarantee they will actually see any relief. That will have to be decided on a case-by-case basis. The ruling also does not appear to apply to older convictions, where those who already served prison time could petition the court to expunge their records. > Of course, the ruling doesn’t apply to other states. Washington, which also legalized marijuana in 2012, like Colorado, will have to make its own provisions for retroactive ameliorative relief. In any case, federal convictions have no guarantee of retroactive ameliorative relief.

JurassicCarp 11y ago

They stay in jail. Sentences aren't retroactively rescinded when laws change. Edit: As the response to another post has stated, there may be avenues opened after decriminalization to appeal convictions. Those avenues will likely vary from state to state, if they exist at all.