Injustices to get erased
The pace of cannabis legalization is bringing on sizable problems and remarkable solutions. San Francisco may be taking the boldest step yet by erasing thousands of minor pot-possession convictions now that the weed is legal in California.
The decision by District Attorney George Gascón will erase over 3,000 criminal records. Another 4,900 convictions on more serious felony charges will be examined for possible elimination as well.
Carrying a marijuana conviction can block chances for a job, housing, professional licenses and government benefits. A oncebanned and now legal substance shouldn’t be an impediment any longer, as Gascón points out. There’s also a clear racial angle: African Americans here are more than twice as likely to rack up possession charges than whites, according to a 2013 study by the American Civil Liberties Union.
There are reasons for caution. A conviction on marijuana possession is often the result of plea bargaining that begins with more serious charges. That’s why it makes sense to reserve judgment on felony cases to see if each instance qualifies for dismissal.
Sweeping as it sounds, San Francisco’s plan should go down easily in a city that has long accepted cannabis and decried crackdowns and heavy enforcement of a federal ban.
It’s up to the rest of the state, either locally or via Sacramento legislation, to match San Francisco’s move to drop pot convictions. California law allows those with minor marijuana records to request dismissals, but it’s a lengthy process.
There’s also the implicit message to the rest of the nation that legalizing cannabis comes with a responsibility to clear away past injustices, now that nearly half of states have some form of permitted access. In addition, San Francisco’s action is a further rebuke to Attorney General Jeff Sessions, who has sounded warnings about enforcing federal law.
San Francisco’s announcement coincides with another cannabis development in Oakland, which has struggled with the idea of injecting social justice into legalized sales. This week it tried out a lottery to award eight sales permits in two batches: four for bidders who promised community benefits such as local hiring or extra security, and four for “equity applicants” who met requirements such as longtime residency or prior marijuana convictions.
Oakland’s overly prescriptive attempt to cure societal ills and injustices through the permit process comes across as a bit contrived and arbitrary, making it doubtful other communities will follow its example. But each city is making an effort in its own way to seek reconciliation for a failed war on drugs.