think about it, what would happen if marijuana was to be legalized in the next presidency, what would happen to all the marijuana related drug charges? would they all be instantaneously dropped? or would they still remain? it makes no sense to still have these charges attributed to us if it is legalized, it's just outright stupid. what about all the fines we paid? what if we got those back? that would be sweet! what do you guys think??
one would think the charges would be dropped. but i dunno about getting back fines paid. dont think the govt will go for that.
Could possibly go either way in my opinion... One thing is for sure, no one would get reimbursement for fines. That would require the government to pay way too much money. I tried to look up what happened to bootleggers after alcohol prohibition was repealed. But I couldn't find anything talking about whether they still had criminal records or not. I would think that any charges would still stand though, because they still did something against the law at the time. I have a feeling that the government would stand firm on this. At any given moment, the law is the law..... regardless of whether it changes in the future or not. From the government's perspective, they wouldn't be admitting that they were wrong, they would simply be changing a law like they do all the time. For example, when slavery was made illegal, they didn't put all the slave owners in jail... they simply freed the slaves and let them be. As much as it sucks, I think erasing marijuana-related criminal charges is going to have to be a separate movement that comes after legalization or decriminalization. It's the same type of situation when someone who's serving a life sentence for murder gets proven innocent by new evidence. The government doesn't do anything to compensate for the period of their life that they lost, and they don't help them get their life back together. They simply send them on their way.... doesn't seem fair to me.
i would hope theyd get dropped cause then my record would be wiped clean!!!!!!!!!!!!! wwwwooooooooooooooooooooooooo
Luckily, my record is clean even though I was arrested once. I went through Pre-Trial Intervention (drug tests, classes, community service, prison tour) and in exchange, I got the charge completely erased. Although I would imagine there is still a file with my name on it at a government office somewhere.
Actually I believe the government gives them a chunk of change because it. It's not much but they do do it
Yeah, but that's exactly what I'm saying... getting the charges all dropped is going to have to be a separate movement that comes after legalization. The government isn't going to do it voluntarily, just like they won't legalize voluntarily. There has to be an uprising from a lot of people. There aren't going to be any sudden huge changes overnight.. it's going to go gradually one step at a time.
From what I've heard, they only give them a few hundred dollars or so... which hardly seems fair in exchange for the years or even decades that these people spent wrongly imprisoned. How is someone supposed to start a successful new life when they've had everything taken from them and been institutionalized for so long? It isn't until they take it to court and force the judicial system to open their wallet that they get what they deserve.
I dont know. Since it was still illegal when the 'crime' was committed, I dont think they would drop them
It depends how the new marijuana laws are written. They certainly have the opportunity to retroactively erase all marijuana sentences. They also have the option of "grandfathering in" those that have been charged. I would imagine a lot of the sentences would be erased. If someone is on probation for small amount of possession, it may become a problem trying to drug test against a legal substance. Some of the sentences probably will not be reversed. Major traffickers may not be released on suspicion that they are still dangerous people, especially if guns or small amounts of other drugs were found. My main opinion is that small time offenses will be dropped as they will be nothing but a waste of tax dollars to enforce outdated laws. If marijuana is ever legalized, one of the main reasons should be to free up prison space for violent offenders and save tax dollars wasted on the war on drugs.
I know there is a specific term for this, but I don't know what it is... Anyone who was caught before it was made legal would still be prosecuted. Just like if they made a law that said smoking cigarettes was illegal, they couldn't charge you with smoking cigarettes back when it was legal.
I doubt things would just get dropped. The law was there and was broken. Whether the law is fair or not, it was still broken and for that the charges shouldn't just be dropped just like that.
I think it could go either way, but logically you broke the law BEFORE the law was no more, so you still broke the law, meaning you should still be punished. Not that I agree with the shit of punishing people for smoking a plant, but you get what im gettin at.
Ex post facto, or actually lack of. They are prohibited in the U.S Constitution by Article 1, section 9. "No bill of attainder or ex post facto Law shall be passed."
The charges would probably get dropped, but there's no way in hell anyone is getting money back, ahaha.