Pols against freeing cons with pot convictions

Both Gov. Charlie Baker and House Speaker Robert A. DeLeo signaled they would oppose a bill that would free people serving time for marijuana convictions now that pot is legal — suggesting the push is probably dead in the water.

“I certainly wouldn’t support rewriting law retroactively. I would never agree to rewrite retroactively in the other direction either,” Baker told reporters yesterday. “That’s not the way it’s supposed to work. Most people know the laws and they’re expected to abide by them.”

DeLeo said any bill would have to go through a hearing process. But he indicated he’s also not interested in retroactive law.

“I think it would be very difficult,” he said.

The Herald reported yesterday that lawmakers and advocates are crafting legislation that could release Bay State inmates who are currently jailed on marijuana crimes and wipe clean the records of those convicted of some marijuana possession and sales. The proposed bill would only target people convicted of lesser pot offenses that are now legal, not people convicted for more significantly trafficking.

Attorney General Maura Healey’s office took no position yesterday, saying in a statement, “Our office will review the proposed legislation when it is filed.”

Baker said those now serving sentences or who have possession charges on their records could petition his office for pardons or commutation. The Herald reported last month that nearly 200 people were already seeking clemency from Baker for a variety of convictions, though a board tasked with vetting them has yet to recommend anyone to him.

The number who would be affected by a clemency law appears to be small. There were just 20 convictions for marijuana possession in fiscal 2013, according to the most recent data available through the Massachusetts Sentencing Commission. Of those, just four people were incarcerated, for an average sentence of about 3 1⁄ years. 2

Suffolk District Attorney Daniel F. Conley said his office found just three defendants who were imprisoned in 2014 and 2015 for marijuana possession — and all three sentences were concurrent with sentences for other offenses.