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Possibility of legalized recreational use in my state im on probation for poss. Of marijuana

Discussion in 'Marijuana Consumption Q&A' started by Happyface1054, Feb 26, 2016.

  1. #1 Happyface1054, Feb 26, 2016
    Last edited by a moderator: Feb 26, 2016
    I am currently on probation for possession of marijuana.. Recreational use of marijuana might be legalized in my state. If it is, does that affect my charges and or my probation ?

     
  2. I would talk to your PO.
     
  3. I'm fairly certain that a changing MJ law in your state will have no impact on your charges or current probationary period. At the time of the violation, the substance was illegal and you were in possession of it so even if it becomes legalized after the fact you were still in the wrong in the eyes of the court
     
  4. I wanna say i have heard of reversals but maybe that is bullshit.. To google!!
     
  5. It depends on the original charge and when it was + your state government. When Oregon went legal they did remove some peoples charges.
     
  6. There's no way to answer your question, OP. That question (and a lot of the comments) is all speculation. Here's what has happened in states where it's been legalized: Between the law being passed and the law going into effect, the state Attorney General will decide whether or not to pardon people. What happens is, if 100% of what you did wrong will be 100% legal when the law goes into effect, chances are you will be pardoned. The charge and punishment will remain on your record. That will never go away because when you did it, it was a crime and that was a suitable punishment. Your PO will say thaks have a good life and off you go. However, if what you did would still be illegal under the new laws, you're still fucked.


    From here on out, I'm speculating because I have no idea what you did. I'm not saying this applies or does not apply to you. I'm putting it here for demonstration purposes only. No wagering.


    Now, while I've known a lot of people who've gotten busted for weed possession, none of them ever went on probation for it or jail for it. In every state I've lived in, it's been a ticketed offense only. So if you're in a state that still arrests, prosecutes, and has jail time/probation for a couple of grams of weed, chances are slim you will achieve legalization any time soon. Legalization usually happens after nobody, including law enforcement, cares what an adult does with weed. So while a bill may be up for vote, that's a long way from possible legalization. But let's say that the stars are aligning and legalization may happen very soon. Again, most states moving towards legalization have taken a lax attitude about enforcing it, up to a certain amount. So maybe you got busted for having a lot of weed on you, not just a couple of g's. Let's say it was 29g, just because.


    Here, in Oregon, while it's legal, out in public I can only have 1oz (28g) on me. That's kind of a common amount for legal purposes. If I'd been busted with possession before it was legalized here, my sentence/punishment would've been pardoned by our AG. But, if I'd had 29g on me when I was busted, that is still illegal even after legalization, so no pardon for me.


    So, if your state passes legalization and it's legal amount in public is less than you got busted with, you're still going to be punished. If you were busted with less than what will become the legal amount, chances are you will be pardoned, but the original drug charge is still going to be on your criminal record because you did break the law and the feds still see it as a criminal offense.

     
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