Questions raised about bill to vacate pot convictions
SEATTLE (AP) - A bill that would allow people to have their Washington state misdemeanor marijuana convictions vacated drew some interesting objections Wednesday at a hearing in Olympia.
Democratic Rep. Joe Fitzgibbon of Burien told the House Public Safety Committee that after Initiative 502 passed, allowing adults over 21 to have up to an ounce of marijuana under state law, he started thinking about the thousands of people who have criminal records for activity that is now legal - criminal records that can keep people from getting jobs, housing or loans.
Marijuana remains illegal under federal law.
Fitzgibbon's bill would allow them to petition to have their convictions quickly vacated, rather than waiting the three years after completing their sentence that people typically have to wait before making such a request, he said. Since 2008, he said, 1,828 people in Washington have faced misdemeanor convictions where marijuana possession was their only offense.
"This is a bill about giving them a second chance," Fitzgibbon said.
But the head of the Washington Association of Prosecuting Attorneys, Tom McBride, noted that the bill would allow people to have their convictions erased even if they had more marijuana than I-502 allows. Misdemeanor pot possession has historically been defined as up to 40 grams, and even under I-502, it's still a misdemeanor to have between 28 grams - the equivalent of an ounce - and 40 grams.
McBride argued that people convicted of misdemeanor pot crimes before I-502 took effect last December don't deserve special treatment: The law was the law, he said, and they broke it.
"I understand for some people marijuana is special," McBride said. "It's not that special for me."
Candice Bock of the Association of Washington Cities expressed similar concerns, noting that people convicted in the future of misdemeanor marijuana possession for having more than an ounce but less than 40 grams would be able to immediately petition to have their convictions vacated. The same would be true for those under 21 who are convicted of having less than 40 grams of marijuana.
"Is that really what you intend to do with this bill?" she asked.
Nevertheless, the measure drew enthusiastic support from the pro-pot lobby. Ezra Eickmeyer, with the Washington Cannabis Association, said it's "one of our favorite bills we've seen introduced on cannabis this session."
"It was a moral injustice for anybody to ever put anyone in jail in the first place for possession of cannabis," he said.
Democratic Rep. Joe Fitzgibbon of Burien told the House Public Safety Committee that after Initiative 502 passed, allowing adults over 21 to have up to an ounce of marijuana under state law, he started thinking about the thousands of people who have criminal records for activity that is now legal - criminal records that can keep people from getting jobs, housing or loans.
Marijuana remains illegal under federal law.
Fitzgibbon's bill would allow them to petition to have their convictions quickly vacated, rather than waiting the three years after completing their sentence that people typically have to wait before making such a request, he said. Since 2008, he said, 1,828 people in Washington have faced misdemeanor convictions where marijuana possession was their only offense.
"This is a bill about giving them a second chance," Fitzgibbon said.
But the head of the Washington Association of Prosecuting Attorneys, Tom McBride, noted that the bill would allow people to have their convictions erased even if they had more marijuana than I-502 allows. Misdemeanor pot possession has historically been defined as up to 40 grams, and even under I-502, it's still a misdemeanor to have between 28 grams - the equivalent of an ounce - and 40 grams.
McBride argued that people convicted of misdemeanor pot crimes before I-502 took effect last December don't deserve special treatment: The law was the law, he said, and they broke it.
"I understand for some people marijuana is special," McBride said. "It's not that special for me."
Candice Bock of the Association of Washington Cities expressed similar concerns, noting that people convicted in the future of misdemeanor marijuana possession for having more than an ounce but less than 40 grams would be able to immediately petition to have their convictions vacated. The same would be true for those under 21 who are convicted of having less than 40 grams of marijuana.
"Is that really what you intend to do with this bill?" she asked.
Nevertheless, the measure drew enthusiastic support from the pro-pot lobby. Ezra Eickmeyer, with the Washington Cannabis Association, said it's "one of our favorite bills we've seen introduced on cannabis this session."
"It was a moral injustice for anybody to ever put anyone in jail in the first place for possession of cannabis," he said.
If it was against the law when convicted, then the charge was valid and should be let stand.
The fact that it may be legal NOW has absolutely nothing to do with the fact that when they
were convicted, it was then illegal.
The question is - did these people unbreak the law at the time?
"I understand for some people marijuana is special," McBride said. "It's not that special for me."
Pot is considered entertainment by a large part of the population. I have seen more than one rabid critic of pot also reach for it when they suddenly found themselves in a situation where it was the best remedy. It's really just not important until you have a personal need. I used it to quit drinking. 18,000 to 21,000 people die from alcohol related cancers annually. That's just the cancer deaths, how many other kinds of alcohol related deaths are there? When accidents are added in it's endless. Pot kills many kinds of cancer. To some people alcohol is special but it doesn't do much for ME.
I feel a LOT better, but when do we get the coffee houses like Amsterdam? I know that wasn't in the deal. That's a mistake.
This will all change the next time a Republican is elected president, especially if there is also a Republican governor It will be game over for Washington and Colorado. Its just about some people who want to make a lot of money without going to jail. In the meantime the state will put money into an infrastructure only to see it nixed by the next Republican administration.Â
@Citizen#3457899654"This will all change the next time a Republican is elected president, especially if there is also a Republican governor"
Given the vast amounts of money to be made by the businesses that will produce and sale pot in this State, I would expect that the right wing capitalist would relish having this go nationwide.
But then that would be the "logical" expectation,and we are talking Republicans.
Hope they do vacate all convictions involving non violence use or sales of cannabis. Cannabis laws have always been unconstitutional and its time to clear these peoples records.
@Blindman As long as sale is illegal, don't count on it.
"it's still a misdemeanor to have between 28 grams - the equivalent of an ounce - and 40 grams."
 Did I read that right, there is a minimum amount of pot a person can have? Oh, never mind,  I read it again and I think I get it.Â