When California voters legalized marijuana and allowed commercial growth and retail dispensaries in 2016, Suggestion 64 It also allowed for resentment or disapproval of certain criminal convictions related to marijuana.
Not many people were asking for it, and Assembly Bill 1793 passed in Legislature to make the state Ministry of Justice Review records in the criminal history information database and identify potentially eligible cases.
In 2019, the department sent each county’s prosecution agency a list of people and case convictions that were eligible for reduction or removal under AB 1793, according to the state. Attorney General Rob Pontawho wrote the bill when he was representing a county in Alameda County in holographic.
In Santa Barbara County, it was Prosecutor’s Office 1,728 cases (including 1,578 felonies and 150 misdemeanors) have been submitted to the province Supreme court.
All of those cases were referred to the Department of Justice in November, Supreme Court Executive Officer Daryl Parker said Noozhawk.
“We didn’t oppose any of the cuts, so everyone who qualifies locally will get sentencing advantage,” said John Safrnock, assistant district attorney for the district.
In general, the offenses of misdemeanor marijuana possession were reduced to infractions and denials, and most cases of possession for sale were reduced to misdemeanors of felonies, he explained.
“What that means is that a person with a prior criminal history of a misdemeanor conviction will not show any conviction,” Safranouch said. “Someone with a felony record will now show a misdemeanor conviction.”
He noted that certain possession charges of possession of cannabis for sale can still be brought as criminal allegations in certain circumstances, including people with specific prior convictions and people accused of willfully selling to minors.
When asked how Monitoring Department Approaching marijuana use and possession among people under control, Chief Probation Officer Tanya Hetman said it is treated similarly to alcohol – another legal substance that some people under control are prohibited from using.
“Test provisions that prohibit a person from using, possessing, or generally providing marijuana are only used when marijuana played a role in the underlying crime for which the person was convicted, or when its use rose to the level of abuse and negatively affected “human well-being,” Nozhuk told.
“In this respect, marijuana use is treated similarly to alcohol abuse.”
According to Heitman, testing positive for marijuana use for someone who is technically prohibited is a violation of testing, but it is not likely that a violation of marijuana use alone is.
“Instead, the individual is likely to be blamed, counseled, or referred to a community provider for appropriate intervention, depending on their individual needs,” she said.
Hettmann added that people involved in treatment courts may have specific penalties related to marijuana use.
Thousands of cases in California
the The Los Angeles Times recently reported There are more than 34,000 potentially eligible cases statewide that have yet to be addressed by the courts.
When cases are determined to be eligible for dismissal or reinstatement, they are sent to the Department of Justice, which references a criminal history database when it responds to background check requests.
“Delays in collecting drug charges can have severe consequences for those seeking employment, professional licensing, housing, loans, and in other cases requiring background checks,” according to a Times reporter. Kyra Feldman books.
in December, Ponta told the prosecution agencies across the state to prioritize their work to update cannabis convictions “so that Californians can immediately obtain the relief to which they are entitled under the law.”
Last week, a new bill was introduced that proposes a 2023 deadline for courts to refer local cases to the Department of Justice, and for the department to update its criminal history database.