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If marijuana is made legal everywhere what happens to those in prison for it?

Posted on 4/4/14 at 10:39 am
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 4/4/14 at 10:39 am
I honestly don't know. Will they be released or will the charges stand because they were law at the time they were sentenced. Does anyone know what happened during Prohibition?
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27070 posts
Posted on 4/4/14 at 10:40 am to
Depends entirely on how the law is written. It won't be retroactive unless the legislature specifically states that it is.
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 4/4/14 at 10:42 am to
I hope they're released and records expunged.

It will slash the budgets of police forces and prisons across the country overnight.

It will be glorious.
Posted by navy
Parts Unknown, LA
Member since Sep 2010
29041 posts
Posted on 4/4/14 at 10:45 am to
quote:

I hope they're released and records expunged.



You are assuming that marijuana possession/distribution is the only thing on the record, I'm guessing...and that otherwise, these people have lived squeaky clean lives.


Posted by dcrews
Houston, TX
Member since Feb 2011
30191 posts
Posted on 4/4/14 at 10:46 am to
I couldn't imagine doing something harmless and going to jail for it, only to see it made legal while I still sit in prison.

In this particular instance, I would imagine any non-violent, minor offense should be forgiven. (Assuming that is the ONLY reason there in prison).
This post was edited on 4/4/14 at 10:47 am
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 4/4/14 at 10:47 am to
quote:

You are assuming that marijuana possession/distribution is the only thing on the record, I'm guessing...and that otherwise, these people have lived squeaky clean lives.


yep. If that was the only crime they were convicted for in a court of law.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 4/4/14 at 10:47 am to
They stay in prison because they still broke the law?
Posted by constant cough
Lafayette
Member since Jun 2007
44788 posts
Posted on 4/4/14 at 10:47 am to
quote:

I hope they're released and records expunged.
Posted by BaylorTiger
Member since Nov 2006
2083 posts
Posted on 4/4/14 at 10:48 am to
quote:

I hope they're released and records expunged


quote:

slash the budgets of police forces and prisons across the country overnight


Not to say I don't agree with you but releasing a massive amount of a prison population and THEN properly expunging their records in a timely manner...well, it's going to take three things. Manpower, Money and Time.
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 4/4/14 at 10:48 am to
Does anyone know how this was handled after Prohibition?
Posted by FelicianaTigerfan
Comanche County
Member since Aug 2009
26059 posts
Posted on 4/4/14 at 10:50 am to
It wont be retroactive and there are not that many people in prison for marijuana charges. jails maybe but not serving lengthy sentences for marijuana
Posted by navy
Parts Unknown, LA
Member since Sep 2010
29041 posts
Posted on 4/4/14 at 10:50 am to
The pro-weed army is almost as relentless as the other pretty much singular issue posters on pro-gay and pro-life stuff.



We need to get some folks rallied around the cause of bringing back old school bottle rockets to all 50 states. My pursuit of happiness suffers on the 4th of July without them.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 4/4/14 at 10:54 am to
The statute decriminalizing would have to provide guidance on retroactivity.

*The DAs Assoc, Sherrifs Assoc and contract prison lobby killed a decriminalization bill in a house committee yesterday.
Posted by CITWTT
baton rouge
Member since Sep 2005
31765 posts
Posted on 4/4/14 at 10:54 am to
It will be a the first responder articulated in each state unless it comes directly from Congress. Just think of all of the freed up beds to house illegal aliens availible then
Posted by BlackleafBaller
Member since Oct 2012
1863 posts
Posted on 4/4/14 at 10:54 am to
Lot's of appeals.
quote:

I hope they're released

Agreed.
quote:

records expunged

Not sure if this will be the case.
This post was edited on 4/4/14 at 10:59 am
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
27305 posts
Posted on 4/4/14 at 10:56 am to
I highly doubt there are many people in prison for just smoking marijuana.
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 4/4/14 at 10:57 am to
quote:

The DAs Assoc, Sherrifs Assoc and contract prison lobby killed a decriminalization bill in a house committee yesterday.


of course they did.

protecting their budget inflation.

Tpos.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27070 posts
Posted on 4/4/14 at 11:11 am to
quote:

I highly doubt there are many people in prison for just smoking marijuana.


More than you'd think with second and subsequent offense possession being a felony, and that's not even counting every person arrested for simple possession who can't afford to make bond, so they sit in jail for months waiting for their case to be adjudicated.
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 4/4/14 at 11:14 am to
The fact that weed is still illegal, and used regularly as a justification for state sponsored B+E boggles my mind.

"I smelled weed, so I kicked his door in, cuffed him, and shot his dog." They will find no weed, and will never again mention the weed except as justification for coming inside in the first place.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32250 posts
Posted on 4/4/14 at 11:29 am to
quote:

If marijuana is made legal everywhere what happens to those in prison for it
We just passed legislation that drastically changes sentencing guidelines and such that will go into effect July 1. My understanding is that if you were convicted under the old laws then those convictions and sentences remain. I suppose parole issues for those might be more lenient in the future for them but this new law does not change old convictions. Most marijuana convictions here anyway are for sell; not possession. You are double dumb if you get caught with enough to cause it to be felony possession.
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