Two major California counties announced on Monday that they will be using an algorithm developed by Code for America to automate the expungements of people with prior marijuana convictions.
The district attorneys of Los Angeles and San Joaquin Counties said at a press conference that while the state’s voter-approved measure to legalize cannabis for adult use had the right intentions by providing for expungements, the process to petition the courts is exceedingly complicated and relies too heavily on the individuals themselves to clear their records.
2/ In California alone, there are 4,800 legal obstacles that exist for someone with a criminal record. Obstacles like the ability to get a job, access financial aid, get a loan, etc.
— Code for America (@codeforamerica) April 1, 2019
“We expected a tsunami of petitions, but frankly, very few people took the legal action required to clear their records of cannabis convictions,” Los Angeles County District Attorney Jackie Lacey said. “We quickly learned that the process approved by the voters was too cumbersome for most people that the law sought to help.”
Today, #LACounty DA Jackie Lacey was joined by @sjcda_media to announce a cutting-edge, criminal justice reform partnership with @CodeForAmerica to automatically clear more than 50K cannabis convictions under #Prop64. Click here to learn more: https://t.co/8eD1MaNxGa #LADAOffice
— Los Angeles County District Attorney (@LADAOffice) April 1, 2019
According to Code for America, there are approximately 54,000 cannabis convictions between the two counties that are eligible for expungement. The organization’s Clear My Record technology will enable local governments to expedite those expungements with the use of an algorithm that identifies eligible cases and automatically files the forms required to get a record cleared.
San Francisco County successfully expunged the records for more than 8,100 marijuana convictions with the help of Code for America’s tech, District Attorney George Gascón announced in February.
6/ There are ~54,000 marijuana convictions eligible for automatic record clearance in Los Angeles & San Joaquin County by rethinking the record clearance process. This builds on Clear My Record's success in SF with @DAGascon – 8,132 convictions cleared in SF county.
— Code for America (@codeforamerica) April 1, 2019
“This tool is revolutionary. It is changing the way that we do business, but more importantly, it’s giving people a tool—a pathway to success,” San Joaquin District Attorney Tori Verber Salazar said. “It’s empowering those who we took the power from and giving them that opportunity to create a solid journey going forward. This is nothing short of amazing.”
The partnership with Code for America could prove useful to counties across California, following the state’s enactment of a law last year that requires prosecutors to affirmatively review marijuana convictions that may be eligible for expungement by July 1, 2020.
Advocates are pushing for more states to include automatic expungements in legalization legislation, arguing that it’s a key component of restorative justice that’s necessary to right the wrongs of the war on drugs.
“In the digital age, automatic record clearance is just common sense,” Jennifer Pahlka, executive director of Code for America, said in a press release. “When we do this right, we show that government can make good on its promises, especially for the hundreds of thousands who have been denied jobs, housing and other opportunities despite the passage of laws intended to provide relief.”
“Clear My Record changes the scale and speed of justice and has the potential to ignite change across the state and the nation,” she said.
Photo courtesy of Chris Wallis // Side Pocket Images.
Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording
President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.
“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of YouTube/White House.
Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote
Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.
The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.
“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.
Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”
The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.
“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.
The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.
Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.
The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.
The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.
Manley said in the news conference that he would continue to review the resolution, as well as police policies.
But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans
Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).
During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.
“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”
“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”
Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.
He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.
That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.
At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”
“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.
Photo element courtesy of Gage Skidmore.