The Office of the Pardon Attorney (PARDON), which operates under the U.S. Department of Justice (DOJ), recently published its FY 2025 President’s Budget Submission. PARDON is responsible for carrying out instructions related to the executive clemency process, which includes reviewing and investigating clemency applications, as well as issuing recommendations to the president. 

For next year, PARDON is requesting $12,568,000 in funds, which would go toward funding 40 additional positions (including 26 attorneys) “to achieve its mission of advising and assisting the president in the exercise of the executive clemency power conferred to him by Article III, Section 2 of the Constitution.”

Among various listed upcoming challenges is the recent increase in clemency applications. The report stated that prior to FY 2014, and especially during the 1990s, PARDON only included 11 staff positions, which was enough to tackle the 600 applications that would come in annually. However, between FY 2012-FY 2023, PARDON received 52,065 applications.

PARDON is hoping to increase its resources further due to this increase in applications specifically related to cannabis. “PARDON expects to continue to receive incoming clemency cases, both pursuant to ordinary case submissions—which historically increase in proximity to presidential elections—and to the President’s October 2022 and December 2023 Proclamations pardoning individuals convicted of simple possession of marijuana,” the report stated.

The report continued to explain the status of the agency, noting that as of February 2024, only 171 pardon certificates were issued, and a total of 184 since 2023. PARDON explained that certificates are issued only after a thorough case investigation has been conducted.

However, with an increase in funds, PARDON seeks to increase the rate at which cases are conducted. “The FY 2025 request will allow PARDON to both continue to review and address pending clemency cases, receive new ones, evaluate capital cases, and process the influx of submissions pursuant to the two Presidential Proclamations on marijuana,” PARDON stated.

Furthermore, PARDON is setting a goal of increasing its “Percentage of marijuana certificates issued to eligible recipients within 30 days of application receipt,” to 80% in FY 2024.

President Joe Biden initially announced that he would be pardoning federal cannabis prisoners in October 2022, and also promised that the White House would “review expeditiously” the current classification of cannabis. The DOJ began to conduct investigations for pardon applications in March 2023, but didn’t begin issuing pardon certificates until after September 2023 under Biden’s order. It also held a public comment period between March 2023 and August 2023, in order to gather information on how to “expeditiously” act on Biden’s order to grant pardons related to simple cannabis possession.

In December 2023, Biden pardoned 11 people who held non-violent cannabis convictions and expanded his pardon initiative to include offenses that occurred on federal property. “America was founded on the principle of equal justice under law. Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect this core value that makes our communities safer and stronger,” Biden said. “That is why today I am announcing additional steps I am taking to make the promise of equal justice a reality.”

Much more recently in March, Vice President Kamala Harris hosted a weed policy reform summit where she said that the current schedule of cannabis is “absurd” and called for it to be rescheduled as soon as possible. The summit was attended by rapper Fat Joe, recently pardoned advocate Chris Goldstein, and Kentucky Gov. Andy Beshear. “I hope everyone can recognize the importance of Vice President Harris calling to “legalize marijuana” in a room that Richard Nixon built = huge,” Goldstein posted on X.

Amidst a shift in promises for cannabis rescheduling or a lifting of federal prohibition, legislators are still calling on Biden to commute the sentences of all federal cannabis prisoners. A total of 36 legislators signed a letter to Biden on March 14, inquiring about Biden’s 2020 campaign pledge to decriminalize cannabis on a federal level. “Until the day Congress sends you a marijuana reform bill to sign, you have a unique ability to lead on criminal justice reform and provide immediate relief to thousands of Americans,” the letter stated. “It is inconsistent for the federal government to keep punishing individuals for violating a ban that it does not actually support and that an overwhelming majority of Americans oppose on a bipartisan basis… We ask that you commute the prison sentences of all individuals who are incarcerated for federal marijuana offenses.”

Some governors are continuing to push for cannabis-related pardons, such as Massachusetts Gov. Maura T. Healey. In mid-March Healey announced her plans to pardon cannabis misdemeanors. She said it “would be the most comprehensive action by a governor since President Joe Biden pardoned federal marijuana possession convictions and called on governors to take similar actions in their states,” and that it “could impact hundreds of thousands of people.”

The post Office of the Pardon Attorney Requests Funds To Tackle Pardon Applications appeared first on High Times.

The post Office of the Pardon Attorney Requests Funds To Tackle Pardon Applications appeared first on Paradise Found.

Virginia Governor Glenn Youngkin on Thursday vetoed a bill to legalize recreational marijuana sales, saying that regulated sales of cannabis would be a danger to health and safety. Virginia legalized the possession of small amounts of weed three years ago, but consumers remain without a legal way to purchase cannabis in the state.

The governor vetoed two identical bills passed by each chamber of the state legislature, SB 448 in the Senate and HB 698 in the House of Delegates. The legislation would have established a regulated cannabis market in Virginia, including provisions for the licensing of small and large retailers. 

Virginia lawmakers legalized the possession of small amounts of marijuana for adults in 2021. But when the Republicans took control of the House of Delegates following an election later that year, a required second vote to legalize regulated cannabis sales was never held. 

“The proposed legalization of retail marijuana in the Commonwealth endangers Virginians’ health and safety,” Youngkin said in his veto statement. “States following this path have seen adverse effects on children’s and adolescent’s health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with retail marijuana that far exceed tax revenue.”

“It also does not eliminate the illegal black-market sale of cannabis, nor guarantee product safety,” the governor continued. “Addressing the inconsistencies in enforcement and regulation in Virginia’s current laws does not justify expanding access to cannabis, following the failed paths of other states and endangering Virginians’ health and safety.”

While Youngkin had previously made it clear he was not interested in authorizing regulated weed sales in Virginia, Democrats had hoped the legislation which serve as a bargaining chip in negotiations for a plan supported by the governor to build a $2 billion sports complex in northern Virginia. But earlier this month, the legislature passed the state’s final budget without including funding for the proposal, setting the stage for Thursday’s veto of the cannabis sales bill.

Lawmakers Blast Veto

Democratic Delegate Paul Krizek, the lead sponsor of the weed marketplace bill in the Virginia House of Delegates, said that the governor’s veto will further empower the state’s unregulated weed economy.

“Governor Youngkin’s failure to act allows an already thriving illegal cannabis market to persist, fueling criminal activity and endangering our communities,” he said in a statement cited by Politico. “This veto squandered a vital opportunity to safeguard Virginians and will only exacerbate the proliferation of illicit products, posing greater risks to our schools and public safety.”

Democratic state Senator Aaron R. Rouse, the sponsor of the Senate version of the bill, also decried Youngkin’s refusal to approve the legislation.

“This veto blocks a pivotal opportunity to advance public health, safety, and justice in our Commonwealth,” Rouse said in a written statement to the Associated Press.

Rouse further criticized Youngkin’s veto of the marijuana sales bills on social media, writing on X that the governor’s “dismissive stance towards addressing Virginia’s cannabis sales dilemma is unacceptable. Public servants are obligated to tackle pressing issues. This legislation would have combated the illegal market & ensured access to safe, tested and taxed cannabis products.”

Governor Also Nixes Cannabis Sentencing Bill

Youngkin also vetoed a cannabis sentence modification bill (SB 696) spearheaded by the Last Prisoner Project, a nonprofit working to secure the release of all cannabis prisoners. Adrian Rocha, policy manager at the group, denounced the veto as a continuation of outdated policy.

“Under the bill, thousands of individuals charged for cannabis offenses under outdated laws would have had their sentences reevaluated in light of legalization,” he wrote in a statement emailed to High Times. “Instead, the Governor’s veto message not only ignored the intention of this bill but, more importantly, ignored the plight of thousands of families across the Commonwealth whose lives have been permanently altered by prohibitionist laws repealed three years ago!”

“Virginia may have ended cannabis prohibition in 2021, but there remains a significant injustice for those individuals who continue to be incarcerated for offenses that are no longer considered illegal,” Rocha added.

Although Youngkin nixed both bills, Democrats still have another chance to make them law by overriding his vetoes. The legislature returns to the capitol on April 17 to reconsider bills vetoed or amended by the governor.

The post Virginia Governor Vetoes Bill To Legalize Cannabis Sales appeared first on High Times.

The post Virginia Governor Vetoes Bill To Legalize Cannabis Sales appeared first on Paradise Found.

Calling it a “nation-leading effort,” Massachusetts Gov. Maura T. Healey on Wednesday announced her intention to take executive action to pardon misdemeanor marijuana possession convictions in the commonwealth. 

If it is approved by the “Governor’s Council,” Healey’s office said it “would be the most comprehensive action by a governor since President Joe Biden pardoned federal marijuana possession convictions and called on governors to take similar actions in their states,” and “could impact hundreds of thousands of people.”

Per the official state website, the Massachhuestts Governor’s Council is “composed of eight individuals elected from districts, and the Lieutenant Governor who serves ex officio,” and it “provides advice and consent on gubernatorial appointments, pardons and commutations, and warrants for the state treasury.”

The governor’s office said that, if approved, the pardon “will apply to all eligible convictions, and most people will not need to take any action to have their criminal records updated,” as well as “to all adult Massachusetts state court misdemeanor convictions before March 13, 2024 for possession of marijuana (sometimes referred to as possession of a “Class D substance”).”

“Nobody should face barriers to getting a job, housing or an education because of an old misdemeanor marijuana conviction that they would not be charged for today,” Healey, a Democrat who is serving her first term after being elected in 2022, said in a statement on Tuesday. “We’re taking this nation-leading action as part of our commitment to using the clemency process to advance fairness and equity in our criminal justice system. We’re grateful for President Biden’s leadership on this at the federal level and proud to answer his call to take action in the states.” 

Other top state officials in Massachusetts, including Lieutenant Governor Kim Driscoll, hailed the announcement of the pardon.

“Marijuana laws have significantly changed over the past decade, and it’s essential that our criminal justice system adjusts with them. Governor Healey’s proposed pardon represents an important step toward righting historic wrongs, particularly around our country’s misguided War on Drugs,” said Driscoll. “We thank the Governor’s Council for their careful consideration of this recommendation and look forward to continuing our progress to make Massachusetts a more fair and equitable home for all.” 

Massachusetts Attorney General Andrea Joy Campbell applauded the “Healey-Driscoll administration’s efforts to rectify historic racial disparities, including with this proposed pardon, and President Biden’s leadership at the federal level on the same issue.”

“Convictions for simple marijuana possession – which someone could not be charged with today – have led to the disproportionate incarceration of Black and brown people and made it nearly impossible for them to obtain a job, housing, educational opportunities and more. As the AG’s Office also works to address injustice and close the racial wealth gap, this proposed pardon meaningfully moves the Commonwealth in the right direction,” the attorney general said.

Democratic House Speaker Ronald J. Mariano, meanwhile, said the “decision from Governor Healey to pardon certain marijuana convictions is the right one, as it is another step towards rectifying decades of injustices stemming from the criminalization of cannabis.”

“This announcement is consistent with the Legislature’s intent during the passage of the 2018 criminal justice reform law, which was updated in 2022 when the Legislature passed further cannabis reforms, that allowed residents to seek expungements for convictions that are no longer crimes following voter-approved reforms,” Mariano said. 

As the statements from Healey and other officials referenced, the pardon takes a cue from President Biden, who in the fall of 2022 issued a pardon to thousands of Americans who were convicted of violating federal cannabis laws.

“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden said in a statement then. “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

At the time, the president also urged governors to take their own action to clear the records of such individuals at the state level.

“In October 2022, President Biden issued a presidential proclamation that pardoned many federal and D.C. offenses for simple marijuana possession offenses. In December 2023, the President expanded that pardon to include more offenses He also issued a call to Governors to take action to pardon marijuana convictions in their states and, in the State of the Union last week, the President directed his Cabinet to review the federal classification of marijuana,” Healey’s office explained. “Governor Healey has already taken historic action on pardons. She became the first Massachusetts Governor in decades to recommend pardons in her first year in office. She has pardoned a total of 13 people to date. She also issued new clemency guidelines to center fairness and equity in the criminal justice system.”

The post Massachusetts Governor Announces Plan To Pardon Cannabis Misdemeanors appeared first on High Times.

The post Massachusetts Governor Announces Plan To Pardon Cannabis Misdemeanors appeared first on Paradise Found.

President Joe Biden issued his State of the Union address on Thursday, March 7, and among many topics, he said he’ll direct his Cabinet to consider reclassifying cannabis at the federal level. It’s the first time that a president of the United States addressed cannabis reform as part of his State of the Union address.

“Keep building public trust, as I’ve been doing by taking executive action on police reform, and calling for it to be the law of the land, directing my Cabinet to review the federal classification of marijuana, and expunging thousands of convictions  for mere possession, because no one should be jailed for using or possessing marijuana!” Biden said.

Biden also posted on X that “no one should be jailed for using or possessing marijuana,” which prompted responses from people who pushed for real expungements—not the mostly meaningless wave of pardons to people with minor cannabis convictions issued by Biden in 2022.

Biden issued two executive orders in October 2022, pardoning some people with nonviolent federal cannabis records, and he asked the Department of Health and Human Services to evaluate if cannabis should be rescheduled under the Controlled Substances Act.

The US Cannabis Council (USCC) launched in 2021 with a goal to build better access to an equitable and values-driven industry. The USCC has been working hard to advance federal cannabis legalization and promote restorative justice to the people harmed the most by the War on Drugs.

“The US Cannabis Council applauds President Biden for highlighting cannabis reform as an issue of national concern during his State of the Union address,” David Culver, SVP of Public Affairs at the USCC said in a statement obtained by High Times. “The President has issued historic pardons for nonviolent cannabis offenses and initiated a groundbreaking review of the status of cannabis under federal law. Tonight’s remarks before a national audience signal the President’s ongoing commitment to advancing cannabis reform. We are encouraged by what we heard this evening and optimistic that the Biden Administration will move cannabis down to Schedule III this year.” 

“President Biden made history tonight by addressing cannabis reform during the State of the Union,” said Adam Goers, co-chair, Coalition for Cannabis Scheduling Reform. The President is committed to modernizing the federal government’s approach to cannabis, and he reinforced that commitment tonight in front of the American people. Moving cannabis down to Schedule III would represent an historic shift in our nation’s drug laws. We thank the President for his remarks and urge his Administration to push ahead with rescheduling.” 

Cannabis Pardons and President Biden

Thousands of people received one of Biden’s pardons for federal cannabis possession convictions under two announcements issued in 2022 and in February. The Justice Department issued certificates to eligible people who applied for the pardons, but the certificates actually read “the pardon means that you’re forgiven, but you still have a criminal record.”

Former prisoner Weldon Angelos corrected Biden’s comment, adding that possession generally never leads to jail time alone. “Nobody goes to jail for use or simple possession,” Angelos posted on X. “But those imprisoned federally for marijuana felonies shouldn’t be forced to serve out the remainder of their decades long sentences either so please commute their sentences as you promised when you were running for president. 

Before Thursday’s State of the Union address, The Sentencing Project urged President Biden to remember his 2020 campaign promises to oppose mandatory minimum sentences and significantly reduce the prison population.

“America surpassed the grim milestone of 50 years of mass incarceration, with the prison population growing nearly 500% since 1973,” said Kara Gotsch, executive director for The Sentencing Project. “Today, almost 2 million individuals, and disproportionately Black Americans, are incarcerated in our nation’s prisons and jails. The U.S. incarcerates more of its citizens—for longer periods of time—than any other major democratic country in the world.” 

“President Biden promised four years ago to reduce federal incarceration levels by 50% and to oppose mandatory minimum sentences. We urge the president to keep those promises, and to scale up solutions that actually make communities safer, such as good schools, affordable childcare, broadly accessible mental health services, more effective and widely available substance use treatment programs, and more support for vulnerable children and youth. 

“Americans deserve safety, security, and community-based solutions that will build up our communities and actually stop the cycle of crime. We can get there if we put evidence-based solutions over politics, thriving communities over extreme sentences, and rehabilitation over punishment.”

In addition, Sen. Kirsten Gillibrand told High Times last that rescheduling cannabis under schedule III would do little by simply moving it to a less restrictive category. A recent survey found broad support across demographics and suggested Biden could see an 11% favorability boost if it occurs.

The post In State of the Union Address, Biden Vows to Review Federal Reclassification of Pot appeared first on High Times.

The post In State of the Union Address, Biden Vows to Review Federal Reclassification of Pot appeared first on Paradise Found.

Tens of thousands of people are wrongfully arrested for crimes based on a false positive result from a field drug test each year, according to a recent study by researchers at the University of Pennsylvania. The research, which analyzed data available from public agencies across the country, found that the use of presumptive field tests in drug arrests is likely the largest known factor contributing to wrongful arrests and convictions in the United States.

The research was conducted by the University of Pennsylvania Penn Carey Law School’s Quattrone Center for the Fair Administration of Justice, a national research and policy center created to foster structural improvements to the U.S. criminal legal system. The study analyzed survey data and national estimates of drug arrests to determine the impact of field drug tests on wrongful arrests, as well as their impact on subsequent prosecutions and criminal convictions.

The study found that approximately 773,000 of the more than 1.5 field drug tests conducted in the United States each year are performed with color-based presumptive tests despite known reliability issues, including false positive results that incorrectly indicate the presence of controlled substances. Although the exact error rate for the tests has not been determined, the data suggests that about 30,000 people who do not possess drugs are falsely implicated by the tests each year.

“Every year, tens of thousands of innocent Americans are arrested on the basis of $2.00 roadside drug test kits that are known to give false positives. Now, this landmark study by the Quattrone Center demonstrates the scope of the harm done by these inaccurate test kits, including the disproportionate impact to African Americans,” Des Walsh, founder of the Roadside Drug Test Innocence Alliance, said in a report from the Penn Carey School of Law. “Based on this study, we look forward to working with law enforcement and other interested parties to implement policies and adopt better testing techniques to substantially reduce the tragic number of innocent people arrested and convicted because of these false tests.”

Tests Designed For Preliminary Use Only

The report notes that the tests were originally adopted as only a preliminary test for the presence of controlled substances because of their unreliability and potential to return false positive results. However, the widespread use of the tests has negatively impacted the integrity of the legal system. Nearly 90% of prosecutors surveyed by the researchers said that guilty pleas are permitted in their jurisdictions without verification of a field test by an accredited toxicology lab. 

“Presumptive field drug test kits are known to produce ‘false positive’ errors and were never designed or intended to provide conclusive evidence of the presence of drugs,” said Ross Miller, Quattrone Center assistant director and lead author of the report. “But in our criminal legal system, where plea bargaining is the norm and actual fact-finding by trial is exceedingly rare, these error-prone tests have become de facto determinants of guilt in a substantial share of criminal cases in the United States and, as a result, a significant cause of wrongful convictions.”

About two-thirds (67%) of the drug labs in a national sample reported that they were not asked to verify the results of positive tests in cases resolved by a plea agreement. Nearly a quarter (24%) said they do not receive samples for testing when the results of a field test are available. When samples are received, nearly half (46%) of the labs surveyed do not conduct tests to confirm the field test if a guilty plea has already been entered in the case.

The research also reveals racial disparities in the impact of false positive test results. The study found that a Black person is three times more likely than a white person to be arrested with a false positive from a field test.

The research also suggests that the manufacturers of field test kits for drugs are not being transparent with law enforcement officials about the reliability of the tests. When the Jacksonville Sheriff’s Office (JSO) in Florida recently discovered that field-testing kits for cocaine had produced false positives, the agency immediately discontinued the use of the kits. When the owner of the cocaine test kit company used by JSO was asked about the false positives, he responded that this was not the first time they had false positives and that this is the “nature of the beast,” according to a policy brief from the Quatrone Center.

In another interview, he stated, “I have no sense of the scale. I don’t know if it’s been one case or five. But I can’t imagine it’s horribly widespread.”

The report recommended several policy changes to reduce the reliance on presumptive field drug tests and subsequent wrongful arrests and convictions. Recommendations include regular blind audits of cases using field tests to determine the error rate. The report also recommends that police cite and release people arrested for drug possession until a lab test can verify the results of a field test. The report also calls for confirmatory testing whenever a guilty plea is accepted. The researchers also recommended that the use of field drug tests be reduced or eliminated or that more accurate tests be used.

“The relative volume of drug cases in criminal cases overall, combined with the widespread reliance on error-prone field testing in arrests, indicate that this is a significant and underexplored vector for wrongful convictions,” said Quattrone Center academic director and law professor Paul Heaton. “Law enforcement, prosecutors, defense attorneys, and the public all want an accurate criminal adjudication process. Reforming how presumptive tests are used could advance this shared goal.”

The post Study Finds Field Drug Test False Positive Results Lead to Wrongful Arrests appeared first on High Times.

The post Study Finds Field Drug Test False Positive Results Lead to Wrongful Arrests appeared first on Paradise Found.

On Dec. 22, President Joe Biden announced that he will be expanding his pardon initiative to include offenses that occurred on federal properties.

“America was founded on the principle of equal justice under law. Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect this core value that makes our communities safer and stronger,” Biden said in his statement. “That is why today I am announcing additional steps I am taking to make the promise of equal justice a reality.”

This includes two actions: First, that Biden will commute the sentences of 11 people serving time for non-violent drug offenses. Second, Biden issued a proclamation that will pardon simple possession and cannabis consumption under federal and D.C. law. “Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” his statement continued. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”

While Biden has received many letters from state governors petitioning him to reschedule cannabis, he included a short statement asking governors to issue similar acts of clemency.

As Biden concluded, he also made promises to continue these clemency actions to free more people from unjust cannabis sentences in the future. “I have exercised my clemency power more than any recent predecessor has at this point in their presidency,” Biden said. “And while today’s announcement marks important progress, my Administration will continue to review clemency petitions and deliver reforms that advance equal justice, address racial disparities, strengthen public safety, and enhance the wellbeing of all Americans.”

Biden’s first pardons as president were in April 2022 during “Second Chance Month,” which include the pardons of three people, including Betty Jo Bogans, Abraham W. Bolden Sr., and Dexter Eugene Jackson, commuted sentences for 75 people.

In October 2022, Biden made a historic announcement to pardon people with federal cannabis offenses. He said he would pardon those with simple cannabis possession, but also call on state governors to do the same, while also asking the Department of Health and Human Services and Attorney General to begin reviewing cannabis’ current schedule. Later that year in December 2022, he pardoned six more people, including Gary Parks Davis, Edward Lincoln De Coito III, Vincente Ray Flores, Beverly Ann Ibn-Tamas, Charlie Byrnes, and John Dix Nock III.

NORML Executive Director Erik Altieri told High Times that at the time, Biden’s actions were long overdue. “For nearly two years, NORML has called upon the Administration to fulfill the President’s campaign promise to provide relief to those stigmatized with a low-level cannabis conviction,” Altieri said. “We are pleased that today President Biden is following through on this pledge and that he is also encouraging governors to take similar steps to ensure that the tens of millions of Americans with state-level convictions for past marijuana crimes can finally move forward with their lives.”

In August, the U.S. Department of Health and Human Services officially called upon the DEA to reclassify cannabis from a Schedule I drug to Schedule III following review. “Following the data and science, HHS has expeditiously responded to President Biden’s directive to HHS Secretary [Xavier Becerra] and provided its scheduling recommendation for marijuana to the DEA on August 29, 2023,” the letter to the DEA stated.

The DEA has a five-factor test to reconsider a drug for rescheduling, and previously cannabis has failed with passing only four of the five points. The five points include: “1.) The drug’s chemistry must be known and reproducible, 2.) There must be adequate safety studies, 3.) There must be adequate and well-controlled studies proving efficacy, 4.) The drug must be accepted by qualified experts, and 5.) The scientific evidence must be widely available.”

NORML was the first organization to file a petition to reschedule cannabis back in 1972. More than 10 years later in 1988, a DEA judge determined that cannabis didn’t meet the criteria for rescheduling. Later in 1990, a different judge set aside the ruling, but eventually in 1994, the original 1988 ruling was chosen in the decision. Later in 1995, NORML filed another rescheduling petition, which was denied in 2001. In 2002, another petition was filed, and the DEA denied it in 2011. That same year, a petition was filed by the governors of Rhode Island and Washington state, which was once again denied in 2016. 

With a history of petition denial, NORML Deputy Director Paul Armentano recently spoke about the possibility of the DEA’s review outcome being different than previous attempts at rescheduling. “It will be very interesting to see how DEA responds to this recommendation, given the agency’s historic opposition to any potential change in cannabis’ categorization under federal law,” said Armentano. “Further, for decades, the agency has utilized its own five-factor criteria for assessing cannabis’ placement in the CSA—criteria that as recently as 2016, the agency claimed that cannabis failed to meet. Since the agency has final say over any rescheduling decision, it is safe to say that this process still remains far from over.”

The post Biden Pardons 11 People with Non-Violent Cannabis Convictions appeared first on High Times.

The post Biden Pardons 11 People with Non-Violent Cannabis Convictions appeared first on Paradise Found.

Just over a year ago, Missouri voters approved Amendment 3 to legalize cannabis possession and sales for adults over 21. While witnessing how quickly the market found its footing, with sales beginning less than three months later on Feb. 3, 2023, perhaps more impressive is the state’s commitment to cannabis-related expungements.

Under Amendment 3, all nonviolent cases related to cannabis are required to be expunged, meaning that the case record is sealed or destroyed and involved persons are cleared of their charges. While fully completing expungements is unlikely to happen under the deadlines indicated in the new law, the state has expunged nearly 100,000 cannabis convictions from government records according to a KMBC 9 report.

The law includes a June 8 deadline for misdemeanor expungements and a Dec. 8 deadline for felony expungements, with an exception for those still incarcerated or currently under supervision by the Department of Corrections.

Dan Viets, a Missouri attorney with a focus on defending cannabis cases, wrote parts of the constitutional amendment. Speaking with KMBC 9, he nodded to these missed deadlines and highlighted the sheer amount of work involved in expunging Missouri’s cannabis-related cases.

“We have always said that as long as the courts, the circuit clerks in particular, are making a good faith effort to comply with the law, to get those cases expunged, that we’ll be satisfied,” Viets said. “They have not technically met the deadline. But on the other hand, we’re dealing with a century of marijuana prohibition in Missouri. So, there are hundreds of thousands of cases.”

The progress is evident, as reports from June 2023 show that the state had expunged about 44,000 cases at the time. And even over the summer, experts had already theorized that the deadlines imposed by the amendment were unlikely to be met.

Stephen Sokoloff, senior counsel for the Missouri Association of Prosecuting Attorneys, believed that the deadlines were destined to fail from the beginning, calling the amendment “very poorly written” and drafted without Missouri law in mind.

“So it doesn’t actually track a lot of the aspects of Missouri law,” Sokoloff told St. Louis Public Radio in June. “As a result, it makes it a lot more difficult for compliance because there’s some mashing of square pegs into round holes that has to go on.”

Tackling the entirety of the state’s nonviolent cannabis-related offenses is made even harder given the way expungements are treated throughout the state. Some counties are quick to clear cannabis convictions, while judges and prosecutors in other counties have resisted and further delay expungements.

Viets spoke to this reality over the summer to Missouri NORML, where he also works as a coordinator.

“It is clear that many counties have made no serious effort to comply with the requirements of the Missouri Constitution,” he said. “It should not be necessary to seek a court order in order to force our courts to comply with the Missouri Constitution, but if that is what is required, we may pursue that option. There is no reason why these counties should be dragging their feet and failing to comply with the law as passed by the voters of our state.”

John Mueller, co-owner of 31 Greenlight Dispensary stores with 15 in Missouri alone, told KMBC 9 that revenues have tripled since making the switch from medical to recreational. That increased revenue from adult-use cannabis sales generates tax dollars for municipalities and the state, which in turn could be used for the expungement process, he pointed out.

“That’s one of the things that I think the industry is the most proud of,” Mueller said in the report, “is getting that in the Constitution.”

While 100,000 cases in a year is worth celebrating, Missouri is only just getting started. Viets told KMBC 9 that lawsuits are possible if specific communities don’t put in the work to expunge cannabis-related offenses covered by the new law. Even with the current progress, Viets added that he expects the entirety of expungements to take years to fully complete.

The post Missouri Expunged Nearly 100K MJ Convictions in a Year, Despite Missing Deadlines appeared first on High Times.

The post Missouri Expunged Nearly 100K MJ Convictions in a Year, Despite Missing Deadlines appeared first on Paradise Found.

A trio of dedicated attorneys—Andrew Cooper of Falcon Rappaport & Berkman LLP, Michael Hoffman of The Hoffman Centers PC, and John Williams of the Law Office of John D. Williams—are donating their time to help people expunge their records at an upcoming cannabis convention in New Jersey.

People currently sit in prison for cannabis-related convictions that are essentially the same activities that are now legal in dozens of states. Like several other states, New Jersey provided a pathway to expungement, though it usually takes the expertise of a legal professional. Certain low-level cannabis convictions in New Jersey are eligible for expungement, and an on-site legal team at the convention can provide more information about the criteria.

NJBiz reports that running from Sept. 29 through Oct. 1, at the New Jersey Convention and Exposition Center in Edison, New Jersey, the 420 Expo calls itself a “stigma-free celebration of the legal cannabis lifestyle” and will feature more than 100 vendors, live entertainment, educational seminars, celebrity appearances, and most importantly, expungement assistance. 

“People with cannabis convictions often find it impossible to find jobs, housing, or college loans. They often lose their right to vote and the ability to receive public assistance. Many employers won’t hire anyone with a drug conviction or have policies requiring immediate termination if a past drug arrest is discovered—with or without a conviction. The issue is even more profound when you consider that a significant majority of those arrested for cannabis have been simple possession charges,” said Cooper, who is also chair of the Cannabis & Psychedelics Practice Group at Falcon Rappaport & Berkman.

Cooper continued, “The so-called war on drugs has been particularly hard on minority and low-income communities, and although studies show white, brown, and Black people use cannabis equally, Black and brown people were nearly four times as likely to be arrested for cannabis violations. Despite laws designed to assist these communities, the individuals affected most are also least able to benefit due to a lack of access to information and support. The Expungement Clinics at 420 Expo are intended to provide the kind of meaningful access to information otherwise sorely lacking in society.”

Their plans “will provide access to legitimate support that can help people take advantage of their legal rights and make huge steps in achieving their social justice,” said Davis, who is co-founder of 420 Expo. The convention will host Cheech Marin and a lineup of education events and vendors. “We are thrilled to bring this type of necessary social support to our three-day cannabis celebration,” Davis said.

420 Expo will include VIP meet and greets with Marin as well as guest appearances by other cannabis-related celebrities and more than 20 seminars and panels appealing to both casual and experienced cannabis enthusiasts. The event will also feature product demonstrations, gaming areas, contests, glass blowing and axe throwing. Outdoors, there will be a large smoking section in addition to a variety of food trucks.

While THC products will not be sold at 420 Expo, attendees may bring the legal limit for personal use under state law, according to organizers.

420 Expo will be open 5 to 11 p.m. on Sept. 29, noon to 9 p.m. Sept. 30 and noon to 6 p.m. Oct. 1. For more information or to purchase advance tickets to this 21-plus event, visit 420Expo.com.

New Jersey’s Cannabis Expungement Provisions

The Marijuana Decriminalization Law took effect July 1, 2021, and requires the expungement of certain cannabis and hashish cases. As a result, the Supreme Court has ordered that thousands of cases be expunged.

People in New Jersey with low-level cannabis cases can apply for expungement, including those convicted of distribution of cannabis less than one ounce or hashish less than five grams. possession of more than 50 grams of marijuana, or more than five grams of hashish.

If the case included only one of the above offenses and any of the below offenses, it was expunged: Possession of Drug Paraphernalia, Use or Being Under Influence of Controlled, Dangerous Substance, and Failure to Make Lawful Disposition of Controlled, Dangerous Substance.

New Jersey’s legislation does not require that every cannabis-related charge be expunged. If you have questions about your specific case, ask an attorney at the convention or Legal Services of New Jersey. You can go to the court where your case was heard to confirm that your record was cleared and receive a certification. Find more details in Directive #24-21.

Expungement means the cannabis crimes are no longer part of your record, and it won’t end up on a job application, housing application, or college application. The case has been removed from the public record and cannot be used to keep you from school, housing, or most jobs.

The post Attorneys Offer Free Expungement Services at New Jersey Event appeared first on High Times.

The post Attorneys Offer Free Expungement Services at New Jersey Event appeared first on Paradise Found.

On the heels of his state’s landmark new law that legalizes psychedelic drugs, the governor of Colorado wants to go even further. 

Jared Polis, the Democrat who was elected to his second term as the state’s governor last year, said Wednesday that he wants Colorado lawmakers to empower him with the ability to issue pardons to individuals who have been busted for crimes related to psychedelics such as psilocybin mushrooms. 

“So anybody who has something on their criminal record that is now legal can have that expunged and doesn’t hold them back from future employment opportunities,” Polis said at the Psychedelic Science conference, which is being held in Denver this week, as quoted by Axios.

“It is still ridiculous that in this day and age somebody suffering from anxiety, depression, PTSD can get medical coverage for very costly prescription drugs but cannot get coverage for a treatment in a healing center that will address some of the underlying causes of the issue,” the governor added.

Polis’s comments come less than a month after he signed a bill that will establish a regulatory framework for psychedelic drugs. The bill was the byproduct of last year’s voter-passed initiative, Proposition 122, and it will officially take effect on July 1.

The measure “legalized therapeutic psilocybin and decriminalized the personal cultivation, use and sharing of psilocybin mushrooms and three other natural psychedelics (DMT, ibogaine and mescaline that is not from peyote),” according to the local outlet Westworld.

“While licensed psilocybin therapy centers could open by late 2024, Prop 122 did not allow for the establishment of retail operations, only healing centers, so there won’t be mushroom stores popping up like the hundreds of cannabis dispensaries currently in Colorado,” Westworld reported last month.

Westworld, reporting this week at the Psychedelic Science conference, noted that Polis [who] “never publicly supported Prop 122 but has praised it since the measure passed, told the crowd that he has ‘no personal connection’ to psychedelic medicine,” but his support of psychedelic use is “values based” and about “body autonomy.”

“We are facing very difficult challenges in mental and behavioral health and are very excited about the opportunities,” Polis said, as quoted by Westworld. “In many of these areas, including cannabis, the people of our state, and not the politicians, led the way.”

The governor said at the conference that he envisions a significant expansion of the state’s psychedelic laws, including changes that would enable psychedelic therapy to be covered by insurance in Colorado.

“Yes, that’s right. People will no longer need to go to Mexico or Colombia. They can come right here to Colorado,” Polis said, as quoted by Westworld.

“Once it’s federally scheduled to be a pharmaceutical, it will immediately be rescheduled in Colorado,” the governor added. “We want people to say…Colorado got this right. Look, I’m sure we’ll get a few things wrong, but we can learn from them and build upon them.”

After a majority of Colorado voters approved Prop 122 in November, parts of the initiative took effect in December of last year. 

“Coloradans voted last November and participated in our democracy,” Polis said at the time. “Officially validating the results of the citizen and referred initiatives is the next formal step in our work to follow the will of the voters and implement these voter-approved measures.”

About 53% of voters in Colorado approved Proposition 122 in last year’s election.

Following Polis’s certification of the measure in December, psychedelics were officially decriminalized in Colorado. 

The post Colorado Governor Wants Pardons for Psychedelic Convictions appeared first on High Times.

The post Colorado Governor Wants Pardons for Psychedelic Convictions appeared first on Paradise Found.

Connecticut’s chief prosecutor announced last week that state’s attorneys have dismissed more than 1,500 pending cannabis-related criminal cases involving offenses that are no longer against the law. In a letter sent to a Connecticut legislative committee on March 31, Chief State’s Attorney Patrick J. Griffin reported that prosecutors had reviewed more than 4,000 pending drug possession cases and dropped the charges for 1,562 of them.

In June 2021, Connecticut lawmakers passed legislation to legalize personal quantities of marijuana and to regulate commercial cannabis production and sales. The possession provisions went into effect one month later, and dispensaries began regulated sales of recreational marijuana in December 2022. 

The legalization statute also included provisions for the expungement of past cannabis-related convictions in cases involving up to four ounces of cannabis. In January, Connecticut Governor Ned Lamont announced he had “erased 42,964 cannabis convictions” as a result of the legislation. But the expungement provisions did not explicitly clear charges for pending marijuana possession cases, a point that was later clarified by lawmakers. 

“The legislature made clear to the Division of Criminal Justice that it intended for the new cannabis laws to apply to people who had charges pending on the date the law went into effect,” Griffin said in a statement cited by CTInsider. “Understanding the intent of the legislature, the division undertook an expedited review of its files to respect the legislature’s wishes. The state’s attorneys and their offices should be commended for their efforts and their commitment to addressing these cases in such a timely manner.”

More Than 4,000 Pending Drug Possession Cases Reviewed

The charges dropped by prosecutors represent cases that were pending when the legalization bill went into effect. In addition to the 1,562 dropped charges, about 600 more that involved multiple charges were modified to remove cannabis charges from the case. Griffin reported to lawmakers that his office had to review each of more than 4,000 pending cases individually, citing state law that combines cannabis with other controlled substances such as heroin and cocaine.

“It has been the shared position of this committee and the division that persons charged with a possession of a cannabis-type substance offense that has subsequently been decriminalized should not be prosecuted for that offense,” Griffin wrote in his letter to lawmakers last week. “Thus, identifying these cannabis cases could not be accomplished merely by conducting a computerized review of pending cases.” 

“This was no small task and quite labor intensive,” he added.

Griffin sent his letter to the General Assembly’s Judiciary Committee, which was last week considering a new bill directing state’s attorneys to end prosecutions for cannabis possession cases. The bill, HB-6787, also creates a process for automatic sentence modification of all eligible marijuana convictions identified by prosecutorial officials and instructs courts to determine if release or sentence modification is warranted. The measure was approved by the panel by a vote of 27-10, although Representative Steve Stafstrom, the co-chair of the committee, said that the bill is likely to be amended as it continues through the legislative process.

“This clears up confusion that may have been created under the legalization-of-cannabis process, whereby certain offenses that were pending before cannabis legalization remained pending even after that legislation was adopted,” Stafstrom said on March 31. “I want to specifically thank the office of the Chief State’s Attorney, who I know heard the concerns, the bipartisan concerns of this committee at the public hearing in terms of getting those cases dismissed.”

Connecticut Activists Applaud Dropped Charges

Griffin’s move to drop the pending marijuana cases was warmly received by cannabis policy reform advocates including Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws.

“Hundreds of thousands of Americans unduly carry the burden and stigma of a past conviction for behavior that most Americans, and a growing number of states, no longer consider to be a crime,” Armentano said in a statement from the cannabis policy reform group. “Our sense of justice and our principles of fairness demand that public officials and the courts move swiftly to right the past wrongs of cannabis prohibition and criminalization.”

Sarah Gersten, executive director and general counsel of the Last Prisoner Project, a nonprofit group dedicated to securing the release of all cannabis prisoners, praised Griffin’s move and urged lawmakers to approve HB-6787.

“We applaud Chief State’s Attorney Patrick Griffin for dismissing more than 1,500 pending cannabis cases and modifying approximately 600 others. This announcement marks a tremendous step towards achieving justice in Connecticut,” Gersten wrote in an email to High Times. “However, HB-6787’s passage is still crucial to ensure those currently incarcerated have the same opportunity to have their sentences reviewed and potentially terminated. It is unconscionable that some in Connecticut remain incarcerated for cannabis while others are profiting from the exact same activity.”

The post Connecticut Prosecutors Drop 1,500 Cannabis Charges appeared first on High Times.

The post Connecticut Prosecutors Drop 1,500 Cannabis Charges appeared first on Paradise Found.