San Fran Will Retroactively Clear All Low-Level Marijuana Convictions, Setting A New Precedent

According to a report from the San Francisco Chronicle,  San Francisco will clear all misdemeanor marijuana convictions dating back to 1975.  3,038 convictions will be removed from criminal records in one fell swoop, which sets a new precedent in retroactive drug decriminalization.  While at least nine states have passed legislation addressing record expungement following legalization, San Francisco will be the first city to wipe all of them out at once without the need for costly and time-consuming petitioning.

The city also plans to reevaluate the nearly 5,000 felony marijuana cases for possible sentence reductions.

San Francisco District Attorney George Gascón fully acknowledges the racially-motivated tactics employed in the name of the war on drugs, and how those tactics have decimated families and communities of color.  In a statement, Gascón commented on the disproportionate arrests and sentences saying:

As indicated by the disparities in San Francisco arrest and booking rates, the War on Drugs has produced disparate arrest rates across racial groups.  This is despite the fact that multiple studies have found that rates of drug use and drug sales are commensurate across racial lines.  In particular, African American and Latino communities interact with the criminal justice system, including via arrests, bookings, and incarceration, at a rate far higher than their Caucasian counterparts.

San Francisco legalized marijuana in 2016 thorough the passage of Proposition 64, and allowed individuals with misdemeanor marijuana convictions to petition the court in order to clear their records.  But, as with most elements of the U.S. criminal justice system, the process was long and expensive.

So, they just decided to wipe everyone’s low-level marijuana convictions.

It’s simpler, it requires far less administrative hours; it’s the most efficient way of tackling this issue.  More cities and states should follow their lead.  This is the right way to rebuild trust and move forward, and it flies in the face of the regressive maneuvers of the Sessions’ DOJ.

Simply legalizing marijuana does absolutely nothing for the thousands of people in jail for marijuana, or for those struggling to find work due to their marijuana-related criminal record.   Offering a chance to petition the court to expunge a record is unnecessarily arduous.

Clear the records and progress from there.


Written by Jesse Mechanic

Jesse Mechanic is the editor in chief of The Overgrown.

Twitter-logo-6-12 @jmechanic    Screen Shot 2016-08-04 at 12.44.16 PM  @JesseIanMechanic

Leave a Reply

Your email address will not be published. Required fields are marked *