Reentry/Rehabilitation

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Chronicle AM: Drug Czar's Office Shuttered in Shutdown, DC Full Pot Legalization Bill Filed, More... (1/9/19)

The federal government shutdown shutters the drug czar's office, Trump again mischaracterizes the nature of border drug smuggling, New Jersey's highest court lends a hand to drug court graduates seeking expungement, and more.

closed down in the shutdown
Marijuana Policy

New Hampshire Lawmaker Files Expungement Bill. Rep Renny Cushing (D) has filed a bill, HB 399, that would let people with convictions for possessing less than three-fourths of an ounce of weed before September 2017 have their records cleared. That date is when the state law decriminalizing pot possession went into effect.

DC Lawmaker Files Full Legalization Bill. Councilmember David Grosso (I) has reintroduced the Marijuana Legalization and Regulation Act, which would allow the city to establish a system of retail marijuana sales. Such a move has been blocked by House Republicans, and its prospects this year remain uncertain, but Grosso is moving ahead anyway.

Medical Marijuana

New Hampshire Lawmaker Files Pair of Medical Marijuana Bills. Rep. Renny Cushing (D) has filed two bills related to medical marijuana. HB 366 would add opioid addiction as a qualifying condition, while HB 364 would allow patients and caregivers to grow their own medicine.

Asset Forfeiture

North Dakota Lawmaker Files Bill to End Civil Asset Forfeiture. Rep. Rick Becker (R-Bismarck) has filed House Bill 1286, which would end civil asset forfeiture in the state. He filed a similar bill in 2017 that passed the House, but got zero votes in the Senate after it was opposed by Attorney General Wayne Stenehjem, who remains in office but has refused so far to comment on this year's bill.

Drug Policy

Trump Once Again Misstates How Drugs Cross the Border With Mexico. In his oval office speech Tuesday night making his case for a border wall, President Trump once again mischaracterized the nature of drug smuggling across the Mexican border. While he was correct in stating that the vast majority of drugs coming into the country come through Mexico, his own DEA reported in November that "only a small percentage" of heroin and other drugs comes through areas outside of ports of entry.

Federal Government Shutdown Shutters Drug Czar's Office. Among the casualties of the shutdown is the Office of National Drug Control Policy (ONDCP -- the drug czar's office). If the shutdown continues up to the end of the month, funding for important grant programs involving law enforcement and prevention could be jeopardized.

Expungement

New Jersey Supreme Court Eases Requirements for Drug Court Graduates. The state Supreme Court ruled 7-0 Tuesday that drug offenders who have successfully completed a court-ordered treatment program do not have to prove that expunging their criminal records of those offenses is in the public interest. Instead, the high court ruled, the burden to demonstrate that the public interest requirement was not met should fall on the state. "In light of the rigorous monitoring that is the hallmark of drug court, as well as the new law's overall policy in favor of expungement for successful graduates, we find that participants are entitled to a rebuttable presumption that expungement is consistent with the public interest," the court held.

Chronicle AM: FL Formerly Incarcerated Can Now Register to Vote, NY MMJ Bills, More... (1/8/19)

It's a landmark day for voting rights in Florida, New York sees a pair of bills filed to expand medical marijuana access, and more.

medical marijuana (Creative Commons)
Medical Marijuana

South Carolina Medical Marijuana Bill Prefiled. State Rep. Rosalyn Henderson-Myers (D-Spartanburg) has prefiled a medical marijuana bill, HB 3081. The bill would allow patients to possess and consume -- but not grow -- marijuana. It would also allow licensed shops to cultivate and sell medical marijuana and require them to use laboratories for testing.

New York Bills Would Allow Medical Marijuana Smoking, Use at Schools. Sen. Gustavo Rivera (D) has pre-filed SB 490, which would allow patients to smoke their medicine, but bar smoking anyplace where tobacco smoking is banned, while Sen. Brian Benjamin (D) has pre-filed SB 219, which would allow designated caregivers to administer medical marijuana to patients on school grounds or school-sponsored events.

Voting Rights

Florida Formerly Incarcerated Can Now Sign Up to Vote. As of today, Floridians with felony convictions who have served their sentences can now register to vote. This is the result of state voters' November approval of Amendment 4, which passed with 64% of the vote. "This is a historic moment," said Melba Pearson, deputy director of the American Civil Liberties Union of Florida.

Chronicle AM: Federal Sentencing Bill Moving, No NJ Legalization This Year, More... (12/18/18)

The Senate is finally taking up the prison and sentencing reform bill, New Jersey's legalization push is stalled until next year, New Zealand is set to vote on legalizing marijuana in 2020, and more.

Things are getting busy at the Capitol in the last days of the congressional session. (Creative Commons)
Marijuana Policy

Colorado Senator Proposes States' Rights Amendment to Criminal Justice Reform Bill. Sen. Cory Gardner (R-CO) on Monday filed an amendment to the First Step Act (S.3649) that would incorporate some of the protections for state-legal marijuana that he has proposed in his own STATES Act (S.3032). The amendment's prospects aren't rosy, though: It will take unanimous consent to get the amendment considered, meaning an objection from a single senator can kill it.

New Jersey Legalization Bill Delayed Until Next Year. With the final voting day of the legislative session yesterday and no action on marijuana, marijuana legalization is now delayed until next year. Senate President Steven Sweeney (D-Glouchester) said legislators were unable to reach agreement with Gov. Phil Murphy (D) on how and how much to tax it, so they'll be back to work on in January.

Medical Marijuana

Pennsylvania Issues Permits for Phase II Medical Marijuana Dispensaries. The Department of Health Tuesday issued 23 dispensary permits for Phase II of the medical marijuana program. The permittees will now have six months in which to become operational before they can begin dispensing medical marijuana. "The permitting of these locations as part of Phase II of the medical marijuana program will ensure more people have access to medical marijuana close to home," Secretary of Health Dr. Rachel Levine said. "Medical marijuana is an essential form of treatment for Pennsylvanians suffering from one of 21 serious medical conditions. This step continues the growth of our scientific, medically-based medical marijuana program."

Sentencing Reform

Senate Ends Debate on First Step Act, Final Senate Vote Pending. The Senate voted 82-12 Monday to end debate on the prison and sentencing bill, the First Step Act (S.3649), paving the way for a final Senate vote as early as today. Twelve Republicans voted against advancing the legislation despite President Trump endorsing the bill in November: Before the final vote, though, the Senate will take up a number of amendments, including one from conservative Sens. Tom Cotton (R-AR) and John Kennedy (R-AL) that Democrats who favor the bill describe it as a "poison pill."

International

New Zealand Says Voters Will Decide Whether Cannabis Is Legalized. Justice Minister Andrew Little has announced that New Zealanders will vote in a binding referendum in 2020 on whether to legalize marijuana. That would make the country the first to put legalization to a nationwide vote. The latest polls on legalization have support at 46% with 41% opposed, but one analyst said the trend was moving "toward liberalization."

Chronicle AM: Fed Criminal Justice Bill Will Get Senate Vote, Hemp is in Farm Bill, More... (12/11/18)

Mitch McConnell changes course and okays a Senate vote on the First Step Act, McConnell ensures the hemp provision remains in the farm bill, a Moscow court ruling could run the city's only harm reduction NGO out of business, and more.

Mitch McConnell pushes hemp bill, okays sentencing reform (Flickr)
Marijuana Policy

Illinois Pot Conviction Expungement Bill Gets More Support. A bill filed by Rep. La Shawn Ford (D-Chicago) that would allow people to clear low-level marijuana convictions has picked up support from the legislative leadership. Assistant Majority Leader Kimberly Lightford (D-Chicago) announced last Friday that she was supporting the bill. The state decriminalized the possession of up to 10 grams in 2016, but that law didn't address those who had already been convicted of small-time possession.

Sentencing Reform

In Last Minute Switch, McConnell Says Reform Bill Will Get a Senate Vote. Senate Majority Leader Mitch McConnell (R-KY) said Tuesday that he will bring a prison and sentencing reform bill, S. 3649, to the Senate floor for a vote. "At the request of the president and following improvements to the legislation that has been secured by several members, the Senate will take up the recently revised criminal justice bill," McConnell said from the Senate floor. The move comes after McConnell just last week said there wasn't time to deal with the bill, and time remains a critical factor. The House earlier this year passed a prison reform bill that didn't include sentencing reforms, so if the bill passes the Senate, it will have to go back to the House for approval. This is by no means a done deal, but at least limited sentencing reform remains alive at this point.

Industrial Hemp

Final Version of Farm Bill Includes Hemp Provision. The omnibus farm bill set to be passed by the Senate this month includes the legalization of industrial hemp. That would allow US farmers to cultivate, process, and sell hemp. The hemp provision is being championed by Senate Majority Leader Mitch McConnell (R-KY). The bill had originally included a ban on people with felony drug convictions, but under a compromise, that ban would end after ten years.

International

New Zealand Legalizes Medical Marijuana. The government has approved a bill that will make medical marijuana widely available for thousands of patients over time but will at first be limited to terminally ill patients. The move comes ahead of a nationwide referendum on recreational marijuana sometimes in the next two years.

Moscow Court Imposes Punishing Fine on City's Sole Harm Reduction NGO. A Moscow court has ordered the Andrey Rylkov Foundation, the city's only harm reduction non-profit, to pay a fine of $10,000 for publishing what it called "drug propaganda." The foundation aroused the ire of the court by publishing safety advice about synthetic cathinones ("bath salts") in a drug users' newsletter. The advice didn't recommend taking those drugs but urged users to be careful if they did. The fine, which Amnesty International has described as "suffocating," could drive the foundation out of business if it can't come up with the funds to pay it by Christmas, leaving Moscow without a single harm reduction NGO.

Chronicle AM: First Step Act Fight Continues, MI Gets Legal Marijuana December 6, More... (11/28/18)

Senate Republicans are trying to find a way to keep the First Step Act alive, marijuana use and possession becomes legal in Michigan next week, and more.

Will the First Step Act get a Senate vote this year? And if it does, will it pass? Stay tuned. (ussc.gov)
Marijuana Policy

Michigan Marijuana Legalization Goes into Effect December 6. As of a week from tomorrow, it will be legal to possess and use small amounts of marijuana. But it will probably take until sometime in 2020 for pot shops to open for business. The state says it will start taking business applications late in 2019.

Medical Marijuana

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

Psychedelics

Oregon Attorney General Approves Psilocybin Ballot Measure Language. An initiative that would allow licensed medical professionals to administer psilocybin for therapeutic purposes has had its ballot language approved. The next step is signature-gathering to get the measure on the 2020 ballot. The measure will need 140,000 valid voter signatures to qualify.

Drug Treatment

Massachusetts Federal Court Judge Orders Jail to Provide Methadone. A federal court in Massachusetts granted a preliminary injunction this week, requiring that the plaintiff in the case be provided continued access to methadone treatment for his opioid use disorder while incarcerated. The ruling requires a jail in Essex County to provide medication-assisted treatment (MAT) to a man who is about to be sentenced for conduct that occurred two years ago, before he first started his recovery. The court held that the plaintiff is likely to succeed on his claim that the jail's refusal to provide methadone treatment violates both the Americans with Disabilities Act (ADA) and the 8th Amendment of the US Constitution, which prohibits cruel and unusual punishment.

Sentencing Reform

Senate Republicans Seek Way to Get Sentencing Reform Bill Moving Again. Senate Republicans are pondering changing the First Step Act (S.2795) to make it more palatable for some conservatives, but which could blow up the bipartisan compromise that supports the bill as is. Some of the changes being discussed include tightening the safety valve provision, getting tougher on fentanyl offenders, and backing away from an ending the "stacking" regulation, which adds more time to sentences of people convicted of drug offenses while possessing a firearm. President Trump, meanwhile, continues to push Senate Majority Leader Mitch McConnell (R-KY) to bring the bill to a Senate vote.

Chronicle AM: Trump Pressures McConnell on Sentencing Reform, NJ Marijuana Bill Gets Hearing, More... (11/26/18)

The president wants to see criminal justice reform move in the Senate, New Jersey lawmakers take up marijuana legalization today, and more.

Mitch McConnell is getting pressured by the president to move on the First Step Act. (Gage Skidmore/Creative Commons)
Marijuana Policy

Minnesota Governor-Elect Says Legalize It. Incoming Democratic Governor Tim Walz says it's time for the state to get on the legalization bandwagon. "I just think the time is here and we're seeing it across the country," he said. "Minnesota has always been able to implement these things right." Wise's Democratic allies control the state House, but Republicans control the Senate.

New Jersey Legislature Takes Up Legalization Bill. Hearings are underway at the statehouse for the long-awaited marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

North Dakota Lawmaker Will File Decriminalization Bill. In the wake of November's failed legalization initiative, one lawmaker says he will file a decriminalization bill during the coming legislative session. State Rep. Shannon Roers Jones (R-Fargo) said her bill would probably decriminalize the possession of up to an ounce. Possession is currently a Class B misdemeanor.

North Dakota Initiative Campaigners Will Try Again in 2020. Legalize ND, the folks behind November's failed legalization initiative says it will be back in 2020. Group leader David Owen said he is "100% certain" the group will try again but with some changes. Next time, the proposal will contain provisions for tax revenues from sales and limits on how much individuals can grow and possess. This year's initiative lost 59%-41%.

Law Enforcement

Detroit Narcs Try to Arrest Each Other in Drug Bust Gone Awry. It was Keystone Cops in the Motor City earlier this month when a group of undercover Detroit narcs posing as drug dealers attempted to arrest another group of undercover Detroit narcs posing as drug buyers. The end result: A shouting match and shoving and punch-throwing brawl among more than two dozen armed police officers. "This is probably one of the most embarrassing things I've seen in this department," Detroit Police Chief James Craig said Monday. Two Detroit police officers were killed in a similar incident in 1986.

Sentencing Reform

Trump Urges McConnell to Act on Criminal Justice Reform. In a tweet last Friday, President Trump urged Senate Majority Leader Mitch McConnell (R-KY) to allow a prison and sentencing reform bill, the First Step Act (S.2795) to be voted on in the Senate. McConnell said last week there wasn't time to get the measure through this session, but he has faced intense lobbying pressure, not only from the president but also other Republican senators and the religious right. "Really good Criminal Justice Reform has a true shot at major bipartisan support," Trump said in the tweet. "@senatemajldr Mitch McConnell and @SenSchumer have a real chance to do something so badly needed in our country. Already passed, with big vote, in House. Would be a major victory for ALL!"

International

French National Assembly Approves Fines for Drug Use. The National Assembly last Friday approved a bill that introduces a fixed fine of 200 Euros for the use of drugs, and marijuana in particular. Since 1970, illegal drug use has been subject to up to a year in prison and up to a 3,750 Euro fine, but such sentences were rarely imposed, especially for marijuana. Some ministers on the left criticized the measure as disproportionately affecting poor young people and condemned the lack of involvement of health authorities.

Thai National Assembly Gives Preliminary Approval to Legal Medical Marijuana, Kratom. The National Legislative Assembly has accepted "in principle" amending the country's drug law to allow for the medicinal use of five substances, including marijuana and kratom. Under the amended law, the Office of the Narcotics Control Board will be assigned to designate areas to be used for the production of the drugs and the quantity to be produced.

McConnell Puts Kibosh on Sentencing Reform [FEATURE]

Prospects for a major federal sentencing reform bill brightened on Wednesday with President Trump's announcement that he would support the effort, but by week's end, those prospects dimmed as Senate Majority Leader Mitch McConnell (R-KY) told the president he wouldn't bring the bill to a floor vote this year.

[Update: McConnell is facing pressure from the religious right as well as from the president to allow a vote.]

The grinch who stole sentencing reform. (Creative Commons/Gage Skidmore)
The bill is known as the First Step Act. The House passed a version of this spring, but the House version was limited to reforms on the "back end," such as slightly increasing good time credits for federal prisoners and providing higher levels of reentry and rehabilitation services.

The Senate bill crafted by a handful of key senators and pushed hard by presidential son-in-law Jared Kushner incorporates the language of the House bill, but also adds actual sentencing reforms. Under the Senate bill:

  • Thousands of prisoners sentenced for crack cocaine offenses before August 2010 (the date of the Fair Sentencing Act, which reduced, but did not eliminate sentencing disparities) would get the chance to petition for a reduced sentence.
  • Mandatory minimum sentences for some drug offenses would be lowered.
  • Life sentences for drug offenders with three convictions ("three strikes") would be reduced to 25 years.

Even though the bill has been a top priority of Kushner's and had the support of numerous national law enforcement groups and conservative criminal justice groups, as well as the support of key Democrats, such as Sen. Cory Booker (D-NJ) and Sen. Dick Durbin (D-IL), McConnell told Trump at a White House meeting Thursday that there wasn't enough time in the lame-duck session to take it up.

"McConnell said he didn't have the time, that's his way of saying this isn't going to happen," said Michael Collins, interim director of the Drug Policy Alliance's (DPA) Office of National Affairs. "McConnell was a roadblock under Obama and he's a roadblock now. He likes to hide behind the process but I think he just doesn't like or care about this issue."

McConnell's move upset what should have been a done deal, said Collins.

"Once First Step passed the House, some key figures on the Senate side, such as Sens. Durbin and Grassley, said it wouldn't move without sentencing reform, and then Kushner facilitated negotiations between the Senate and the White House and they reached broad agreement this summer," he recounted. "Then the question was can we get this to the floor? McConnell sat down with Grassley and Durbin and said after the elections, and Trump agreed with that. The idea was that if Trump would get on board, McConnell would hold a vote, would whip a vote. He wanted 60 votes; there are 60 votes. Then McConnell said the Senate has a lot to do. At the end of the day, it's up to McConnell. When Trump endorsed people thought it would move McConnell, but he just poured cold water on it."

If McConnell sticks to his guns, then sentencing reform will be dead in this Congress. And as long as Mitch McConnell remains Senate Majority Leader, he is likely to be an impediment to reform.

"McConnell is the obstacle -- it's not Tom Cotton (R-AR) or Jeff Sessions -- it's McConnell, and he's going to be there next year and the year after that," said Collins. "He is the prime obstacle to criminal justice reform, even though a lot of groups on the right are in favor of this. Since he isn't going to listen to us, it's going to be up to them to figure this out."

"If McConnell doesn't prioritize this, it doesn't happen," said Kara Gotsch, director of strategic initiatives for the Sentencing Project, a Washington, DC-based advocacy group. That's a shame, she said, because "I'm optimistic both parties would support this if they got the chance."

There is a possible upside: Failure to pass limited criminal justice reform this year could lead to a bill next year that goes further than limited sentencing reforms.

"It's been a long, hard slog to get to where we are," said Collins, "but now some people are saying this compromise stuff gets us nowhere and we should be doing things like enacting retroactivity for sentencing reforms, eliminating all mandatory minimums for drug offenses, and decriminalizing all drugs."

"My job is to continue to beat the drum for change," said Gotsch. "It's always hard, and we don't get those opportunities a lot. Momentum doesn't come very often, regardless of who is in power, and we can't let these small windows close without doing our best to move the ball forward. This has been my concern for 20 years -- the conditions these prisoners face, the injustice -- and we will keep pushing. The federal prison system is in crisis."

The federal prison population peaked at 219,000 in 2013, driven largely by drug war prosecutions, and has since declined slightly to about 181,000. But that number is still three times the number of federal prisoners behind bars when the war on drugs ratcheted up under Ronald Reagan in the 1980s. There is still lots of work to be done, but perhaps next time, we demand deeper changes.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

The Drug Policy Alliance is a financial supporter of both Drug War Chronicle and Drug Reporter.

Chronicle AM: Trump Endorses Prison Reform Bill, Cities Call for MJ Rescheduling, More... (11/14/18)

President Trump has given his endorsement to a limited bipartisan prison reform bill, the National League of Cities calls for marijuana rescheduling, and more.

President Trump has given his endorsement to the First Step Act. (Creative Commons/Gage Skidmore)
Marijuana Policy

National League of Cities Calls For Federal Marijuana Rescheduling. The National League of Cities, representing more than 19,000 cities, towns, and villages across the country, has passed a pair of resolutions on marijuana policy. The first calls on the Trump administration and Congress to "resolve the conflict between state and federal cannabis laws" and "provide guidance to financial institutions that results in the cannabis market having access to the federally regulated banking system," while the second calls for marijuana to be removed from the list of Schedule I drugs under the Controlled Substances Act.

Medical Marijuana

Bipartisan Lawmaker Group Files Three Veterans' Medical Marijuana Bills. A bipartisan group of legislators on Wednesday announced plans to file a trio of bills aimed at making the Department of Veterans Affairs a more marijuana-friendly agency. The Department of Veterans Affairs Policy for Medicinal Cannabis Use Act of 2018 would clarify the already existing policy of protecting patients who discuss their marijuana history. The Department of Veterans Affairs Survey of Medicinal Cannabis Use Act of 2018 would conduct a nationwide survey of all veterans and VA healthcare providers regarding medicinal cannabis. And the Department of Veterans Affairs Medicinal Cannabis Education Act of 2018 would have the VA work with medical universities to further develop medicinal cannabis education programs for primary healthcare providers.

Law Enforcement

Trump Endorses Prison Reform Bill. In a press conference Wednesday, President Trump gave his support to a limited prison and sentencing reform bill, the First Step Act (HR 5682). The bill invests heavily in anti-recidivism efforts and lowers some mandatory minimum sentences, but has not gone as far as some Democrats would like. In the House, 57 Democrats voted against it because it did not more substantially address sentencing reform. Now, in the Senate, it will face opposition from some conservative Republican senators, but the president's endorsement should help propel it forward.

Chronicle AM: NM Marijuana Poll, House Passes Limited Prison Reform Bill, More... (5/23/18)

A solid majority of New Mexicans support marijuana legalization, the House passes a limited prison -- but not sentencing -- reform bill, an Open Society Foundations report calls for increased opportunities for legal coca sales in Colombia, and more.

Colombian coca grower. A new report says more legal markets for the crop could reduce violence. (dea.gov)
Marijuana Policy

New Mexico Poll Has Strong Support for Legalization. A poll from Research & Polling Inc. conducted in March but not released until yesterday has support for marijuana legalization at 63%. Respondents were asked if they would support a bill to legalize, tax, and regulate marijuana. Support was up 2% over a similar poll in 2016.

Medical Marijuana

West Virginia Bid for Special Session to Address Marijuana Banking Issues Fizzles. The legislature concluded its may interim meetings Tuesday without securing enough signatures in the House of Delegates to force a special session to address marijuana banking issues. The legislature needed three-fifths of members in both the Senate and the House to force a special session. Enough senators signed on to meet that bar, but not enough delegates did.

Prison Reform

House Passes Prison Reform Bill Backed By Trump. The House easily passed a bipartisan prison reform bill Tuesday, but it faces a murky future in the Senate. House Resolution 5682 aims to reduce recidivism by providing training programs for prisoners. Powerful senators, including Sen. Chuck Grassley (R-IA), however, are holding out for a more substantive bill that includes not just prison reforms, but also sentencing reforms. "For that deal to pass the Senate, it must include sentencing reform. At least as of now, that's something Sen. Durbin and I still are sticking together on," Grassley said at a Tuesday event on criminal justice reform.

International

Open Society Report Calls for Boosting Colombia's Legal Coca Market to Reduce Violence. A new report from Open Society Foundations calls on Colombia to move away from traditional drug eradication measures that have not proven successful and instead create policies that encourage coca farmers to stay out of the black market. The report says both international and Colombian law allow coca to be grown for legal purposes, and Colombia should move to increase that prospect.

The Movement to Expunge Marijuana Convictions in Legalization States Picks Up Steam [FEATURE]

special to Drug War Chronicle by Houston-based investigative journalist Clarence Walker, [email protected]

As marijuana legalization spreads into various states, some are allowing people who'd been previously been convicted of possession of a small amount of pot to clear their records.

Marijuana is now legal in nine states, but what about those old convictions? (IRIN News)
They have their convictions either wiped off their record forever under state expungement laws or, in some cases, have low-level felony marijuana convictions be reduced to misdemeanors. In another variation, a marijuana conviction can be sealed from public view pursuant to a court order under a state's nondisclosure law.

According to the Drug Policy Alliance, over 574,000 American citizens were charged with simple possession in 2016.

"It really makes sense to not burden these people with a lifelong criminal record," Kate Bell, a lobbyist for the Marijuana Policy Project in Maryland, recently told the Washington Post.

Approximately 12 more states are considering marijuana legalization this year, with possibly more hopping on the express train as the continuing quest for marijuana legalization continue to roll down the tracks at full speed, making 2018 a pivotal year in the ever-growing movement to convince lawmakers to legalize pot in all 50 states.

"With over 60 percent of Americans now supporting the full legalization of marijuana for adults, the momentum behind marijuana law reform will not only continue but increase as we head into 2018," said NORML executive director Erik Altieri.

Seattle Mayor Jennie Durkan (D) has moved to clear old records.(Wikimedia)
People with prior marijuana convictions face a harsh reality when it comes to becoming a productive member of society with a criminal record. A simple marijuana conviction carries adverse consequences by diminishing a person's access to employment and higher education, military induction denial, and a person can even be denied access to fair housing, particularly apartment rentals.

Recently at least 4,900 Californians petitioned the courts to have their prior marijuana convictions expunged off their criminal record.

Washington state legalized marijuana in 2012, yet many convicted citizens have been burdened with criminal records for simple misdemeanor pot convictions while slick wealthy investors make a killing selling legal weed. Moving to redress the injustice, Seattle Mayor Jenny Durkan announced in February that the city will toss several hundred low-level misdemeanor marijuana cases.

"The war on drugs ended up being a war on people who needed help, who needed opportunity and who needed treatment," Durkan told a news conference at the time.

Similarly, prosecutors in San Francisco will throw out thousands of marijuana-related convictions dating back to 1975. San Francisco District Attorney George Gascon said earlier this year his office will dismiss and seal 3,038 misdemeanor convictions from before the state's legalization of marijuana went into effect, with no action necessary from those convicted.

The moves make perfect sense. What else should happen to convictions for a victimless crime when that victimless behavior is now no longer a crime? American University Law Professor Jenny Roberts has an idea.

"If you've made a legislative determination that this is no longer criminal; why would you want to continue to have people feeling the ramifications of something that people going forward will no longer have to suffer?" she asked.

And so has San Francisco DA George Gascon. (Wikimedia)
In many states that have legalized marijuana, lawmakers are moving in the same direction.

"Since this is now the law of Nevada, it's important we allow folks who have made these mistakes in the past to have their records sealed up," said Nevada Assemblyman William McCurdy, a Democrat who proposed a bill on the issue.

Oregon state law now allows people who'd been convicted of an ounce of marijuana or growing up to six marijuana plants to have their record sealed now that marijuana is legal.

But in Colorado, some lawmakers fought against the proposal. For example, the legislature considered a bill in 2014 to allow citizens to petition the courts to seal their criminal records for old convictions, but the bill died in committee after facing stiff opposition from prosecutors. The Colorado District Attorneys Council opposed the bill because, they argued, it allowed low-level drug dealers to wipe their records clean.

"There were many cases of (drug) distribution that were pleaded down to low-level (possession) felonies," said council executive director Thomas Raynes.

"The bill creates a horrible precedent by retrofitting criminal sanctions for past conduct every time a new law is changed or passed," objected Carolyn Tyler, spokeswoman for Republican Attorney General John Suthers.

This year, Colorado passed a less controversial law focused specifically on misdemeanor possession.

Nevada also suffered a mild setback. Governor Brian Sandoval (R) vetoed McCurdy's bill requiring judges to seal records and vacate judgments for marijuana offenses that are now legal.

"To the extent there are individuals suffering under criminal records for conduct now legal in Nevada, those cases are best handled on a case-by-case basis," Sandoval wrote in his veto statement. "Given other reforms to the sealing and expungement process in Nevada, a marijuana-specific law wasn't necessary," Sandoval added.

Although nearly a million people have been arrested for marijuana crimes in California during the past decade, according to Drug Policy Alliance, California courts only received 1,506 petitions from applicants requesting their marijuana conviction be sealed or expunged.

DPA further reported that more than 78,000 convictions qualify to be set aside in Oregon, yet few are seeking expungement. Oregon courts only received approximately 388 requests for set-asides in cases involving marijuana in 2015, with 453 in 2016, and 365 requests in 2017.

Courts are more likely, though, to reject petitioners with extensive criminal histories including violent crimes like murder, kidnapping, sexual assaults, money laundering and crimes involving large amount of drugs.

Marijuana is now legal in nine states and the District of Columbia, and medical marijuana in 29 states. The following states are preparing marijuana offense expungement legislation:

California

Assembly Bill 1793, introduced by Assemblyman Rob Bonta (D-18th District), seeks to enact legislation that would allow the "automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017." Under Proposition 64, residents of California are now allowed to possess and purchase up to 1 ounce of marijuana and cultivate no more than six plants for personal use. The voter-approved measure, in addition to legalizing adult-use consumption, cultivation, and distribution -- allows individuals convicted of past criminal marijuana possessions to petition the courts to have those convictions expunged. An expensive and time-consuming venture for most individuals, the automatic expungement of records would be mandated by the passage AB-1793.

Massachusetts

H.2785, authored by Rep. Aaron Vega (D-5th District), and cosigned by 25 other elected officials, would allow for the expungement of "records of marijuana arrest, detention, conviction and incarceration." Marijuana use in Massachusetts was first decriminalized in 2008, with the voters approving medical marijuana just four years later in November 2012. Officially legalized for adult use on Nov. 8, 2016, residents are still waiting for their first recreational dispensary to open.

New Jersey

S.830, sponsored by Sen. Nicholas Scutari (D-22nd District), would not only legalize the personal possession and use of small amounts of marijuana by those over the age of 21, the bill also allows a person convicted of a prior marijuana possession to present an application for expungement to the state's Superior Court.

Vermont

H.865, sponsored by Maxine Grad (D), Tom Burditt (R), Chip Conquest (D), would allow a person to file a petition with the court requesting expungement or sealing of the criminal history related to a conviction if "the person was convicted of an underlying offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School