Calif. pot convictions being dropped, cut
State prosecutors move to clear, modify thousands of records
SAN FRANCISCO — With pot now legal in California, prosecutors in San Francisco and San Diego are moving to erase thousands of marijuana convictions en masse, a step that could prove life-changing for some and could especially help minorities, who were more likely than whites to be arrested for such crimes.
“We want to address the wrongs that were caused by the failures of the war on drugs for many years in this country and begin to fix the harm that was done, not only to the entire nation, but specifically to communities of color,” San Francisco District Attorney George Gascon said.
Advocates are calling on more counties to do the same. Gascon’s office said Thursday that other California district attorneys have called San Francisco for advice on handling marijuana cases.
Gascon said he hopes to spark a trend in California.
“That’s awesome. It’s wonderful and appropriate,” said Josh Freeman, a marijuana farmer who recently had his felony conviction for selling small bags of weed at a reggae concert reduced to a misdemeanor.
Freeman can now obtain permits to grow marijuana legally, something he couldn’t do with a felony record. He can also legally buy a gun and take up hunting again, he said.
In addition to being barred from owning guns, felons cannot vote and are disqualified from holding many professional licenses. Also, people with felony convictions often have difficulty finding work and housing.
Californians voted in November 2016 to legalize recreational marijuana and abolish a host of potrelated crimes. California is among eight states that allow adults to use pot recreationally. The federal government still considers marijuana illegal.
California’s measure applied retroactively to hundreds of thousands of cases, but people who wanted to get their convictions erased or reduced had to petition the courts themselves. And fewer than 5,000 people have gone through the time and expense involved.
Freeman, for example, hired an attorney to get his Monterey County conviction reduced, and it took several months and repeated visits to the court.
As a result, Gascon announced on Wednesday that his office will review nearly 8,000 cases dating to 1975 and that prosecutors will seek mass dismissals and reductions. Gascon said just 23 people filed petitions in San Francisco last year.
Nine states have marijuana laws that let people clear or modify their records.