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San Francisco Automatically Expunges 8,100 Marijuana Convictions Using Computer Program

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A novel approach to marijuana expungements has helped San Francisco identify more than 8,100 cannabis convictions dating back to 1975 that will soon be automatically cleared, the district attorney鈥檚 office announced on Monday.

That would make San Francisco, which is both a city and county, the first county in the United States to complete an automatic marijuana expungement process. The office had previously expunged the records of 1,230 residents, so the sum total of sealed convictions will be over 9,600.

District Attorney聽George Gasc贸n announced last year that his office would retroactively expunge prior cannabis convictions for individuals who qualify under the state’s cannabis legalization law that voters approved in 2016. That was significant because, as the law was written, the process to get records cleared is petition-based and burdensome.

To get the job done expeditiously,聽Gasc贸n’s office teamed up with the non-profit organization Code for America, which developed an algorithm designed to identify eligible cases and streamline expungements.

“Prosecutors should act to address the inherent unfairness of penalizing people for activity that is no longer illegal,”聽Gasc贸n said in a press release. “Using technology, we have been able to proactively bring greater racial equity and fairness to marijuana legalization in California. I am thrilled to see other counties and states following suit by offering similar relief in their communities. It鈥檚 the right thing to do.”

Fourteen counties across California have partnered with Code for America to utilize its Clear My Record technology, which takes the onus off individuals to submit petitions and requires minimal work from district attorneys offices that choose to adopt it.

“The Clear My Record technology can automatically and securely evaluate eligibility for convictions by reading and interpreting conviction data,” according to a press release from the group. “It can evaluate eligibility for thousands of convictions in just a few minutes.”

In the months since聽Gasc贸n announced that San Francisco would move to automatically expunge convictions for cannabis offenses made legal under state law, multiple municipalities across the country have followed its lead.聽Seattle,聽Oakland, Chicago, Denver, Baltimore and Washington State have all made similar commitments.

And marijuana policy reform advocates are increasingly demanding that expungement provisions be included in legalization legislation.

“Contact with the criminal justice system should not be a life sentence, so we’ve been working to reimagine the record clearance process,”聽Jennifer Pahlka, founder and executive of Code for America, said in the press release. “Our work asks how we can make government work better for the people it serves, and we are honored to partner with DA Gasc贸n’s office to deliver relief to thousands who have been blocked from access to jobs, housing and other opportunities for so long.”

“This new approach, which is both innovative and common sense, changes the scale and speed of justice and has the potential to ignite change across the country,” she said.

Washington Governor Will Pardon People With Marijuana Possession Convictions, He Announces

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Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Berkeley City Council Considers Decriminalizing Psychedelics This Week

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A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.

Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.

In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday鈥檚 special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”

However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”

The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”

Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.

The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.

“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.

While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.

Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.

On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.

Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

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Colorado Governor And USDA Official To Discuss CBD At Hemp Event

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Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.

The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”

Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.

This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.

Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”

鈥淲ith our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.

AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.

But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.

Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.

In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.

FDA Says It Is Speeding Up The CBD Regulation Process

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Marijuana Legalization Could Be On The Horizon For British Virgin Islands

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The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.

Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.

鈥淲e certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don鈥檛 want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.鈥

He added that he hoped the legislation would make BVI a global model for legalization.

鈥淲e certainly support having a well-regulated industry, and the fact that we鈥檙e coming in late into this whole discussion of marijuana means that we don鈥檛 have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.

The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.

“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we鈥檙e speaking about the medicinal value of it than something like alcohol. It鈥檚 proven that alcohol is much more damaging to your health than marijuana.”

BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.

The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.

“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”

“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

Photo courtesy of Philip Steffan.

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