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presence
05-08-2015, 10:13 AM
The story is 3 months old but the issue is unchanged.


No, Colorado Isn't Releasing People Imprisoned For Pot Crimes. But Why The Hell Not?

Posted: 02/25/2014 8:06 pm EST Updated: 02/25/2014 8:59 pm EST

http://i.huffpost.com/gen/1643696/images/n-HICKENLOOPER-large570.jpg



DENVER -- A parody news story (http://nationalreport.net/colorado-governor-set-release-convicted-marijuana-related-charges-expunge-records/) went viral earlier this week, claiming that Colorado Gov. John Hickenlooper (D) had proposed a bill that would release people imprisoned for marijuana-related crimes. Not true.


But in all seriousness, why is this not happening?


As Marijuana Majority's Tom Angell put it,

people have been "left behind on the battlefield of the failed 'war on drugs.'"


"Governors like John Hickenlooper and the president of the United States should use their unique executive powers to free people who are still serving time behind bars for so-called 'crimes' that didn't hurt anyone else," Angell said.


Art Way, senior drug policy manager in Colorado for the Drug Policy Alliance, agreed that releasing individuals serving time for non-violent pot crimes is the right idea.

Because the state has been reforming its drug policies over the last decade, Way said, "It’d be pretty difficult to find many people doing hard time in Colorado simply for marijuana possession. But there’s still room to assess the issue -- whether we’re talking about pardons, clemencies, or commutations -- there’s probably some people doing time in Colorado prisons who are considered habitual offenders and marijuana charges were part of that analysis."


Those still behind bars are not an insignificant expense. The Denver Post reported (http://www.denverpost.com/ci_14782457) in 2010 that it took about


$20,000 a year to house a Colorado prisoner.


Those who served their time but carry prison records could also be helped. A key backer of Amendment 64 -- the 2010 state measure that legalized marijuana for recreational use by adults 21 and over -- said that it's important to remedy the human consequences of past failed policies, even as the U.S. moves toward wiser new policies.


"It makes complete sense for the Colorado General Assembly to establish a mechanism by which Coloradans convicted of marijuana-related offenses prior to the legalization of marijuana can have these convictions removed from their records," lawyer Brian Vicente said. "This would help thousands of our citizens -- who currently have difficulty getting employment or housing due to prior marijuana convictions -- move forward with being productive community members."


On Monday, Matt Hastings, a representative from Gov. Hickenlooper's office, told The Denver Post's Cannabist site (http://www.thecannabist.co/2014/02/24/viral-story-satire-pot-charged-convicts-wont-released-jail/5345/) that the office had received several phone calls and emails about the story, many from out of state, but that


the governor doesn't "have plans to propose that kind of legislation."


Since the decriminalization aspect of Amendment 64 went into effect in December 2012, there has been a sharp decline in marijuana-related criminal cases, according to Way. He said there were some 4,400 marijuana-related state and county court cases last year, whereas the state had averaged about 11,000 a year over the previous decade.


A 2012 report from the Colorado Center on Law and Policy (http://cclponline.org/wp-content/uploads/2013/11/amendment_64_analysis_final.pdf) projected a $12 million savings for the state in 2013, which could rise as high as $40 million over time, due to reduced criminal costs related to marijuana.


But there are still a lot of people who could be helped by the expunging of past pot possession records. According to a report from the Marijuana Arrest Research Project, more than 210,000 people (http://marijuana-arrests.com/docs/210,000-Marijuana-Arrests-In-Colorado.pdf) were arrested for marijuana possession in Colorado between 1986 and 2010. Some of the highest yearly totals occurred after medical marijuana was made legal in the state in 2000.


A policy of retroactive clemency could also help right some racial wrongs.


The Marijuana Arrest Research Project report, which was based on FBI Uniform Crime Report data, found that in Colorado, Latinos have been arrested for marijuana possession at a rate 1.5 times that of whites. African Americans have been arrested at a rate 3.1 times that of whites. Nationwide, blacks are nearly four times more likely to be arrested for marijuana possession than whites, according to a report from the American Civil Liberties Union (http://www.huffingtonpost.com/2013/06/03/racial-disparity-in-marijuana-arrests_n_3381725.html).

http://www.huffingtonpost.com/2014/02/25/colorado-releasing-marijuana-prisoners_n_4854244.html

Uriel999
05-08-2015, 10:23 AM
Well yeah, the non violent pothead is a lot more productive than the gangbanger that has killed, raped, etc and carries a lot less risk. Why would they want to lose their good little worker bees.

Warrior_of_Freedom
05-08-2015, 08:45 PM
I bet Colorado has some private prisons

tod evans
05-08-2015, 08:48 PM
A policy of retroactive clemency could also help right some racial wrongs.

I'm 100% for retroactive clemency for all drugs not just weed.

However I'm 100% against doing so with any racial overtures.

TheTexan
05-08-2015, 08:54 PM
Sorry thats how law and order works. Commit a crime, go to jail. Without law and order, up would be down, left would be right, there would be gangs roaming the streets, murders in people's own homes, no sense of security, ... it would be anarchy.

Fortunately thats not the case.

Sola_Fide
05-08-2015, 08:57 PM
Sorry thats how law and order works. Commit a crime, go to jail. Without law and order, up would be down, left would be right, there would be gangs roaming the streets, murders in people's own homes, no sense of security, ... it would be anarchy.

Fortunately thats not the case.

+tyranny

Ronin Truth
05-09-2015, 08:47 AM
Were they jailed before the law was changed? Retroactive is not usually a part of the deal.

tod evans
05-09-2015, 08:56 AM
Were they jailed before the law was changed? Retroactive is not usually a part of the deal.

I'd like to propose that retroactivity include imprisoning all government employees who conspired to lock up the harmless.

From judges and prosecutors to kops and jailers, especially the snitches!

Put them in cages with rapists, murders and thieves with their only hope of release being forgiveness from those they harmed...

juleswin
05-09-2015, 09:25 AM
I'd like to propose that retroactivity include imprisoning all government employees who conspired to lock up the harmless.

From judges and prosecutors to kops and jailers, especially the snitches!

Put them in cages with rapists, murders and thieves with their only hope of release being forgiveness from those they harmed...

That my friend is what the politicos call a poison pill. Sometimes so unagreebale that it kills any chance of a reasonable bill from passing. I would like none of that to be in the bill for retroactive pardoning of non violence drug criminals.

The Northbreather
05-09-2015, 09:36 AM
Are the taxes from the now legal marijuana business paying for the incarceration of marijuana offenders??!!!!!!

willwash
05-09-2015, 12:41 PM
Sorry thats how law and order works. Commit a crime, go to jail. Without law and order, up would be down, left would be right, there would be gangs roaming the streets, murders in people's own homes, no sense of security, ... it would be anarchy.

Fortunately thats not the case.

If you want to know what fully unbridled, unregulated capitalism looks like, look at the drug cartels. It's much easier to beat the competition by simply pulling a trigger than to offer superior quality, lower prices, or better customer service.

dannno
05-09-2015, 12:59 PM
If you want to know what fully unbridled, unregulated capitalism looks like, look at the drug cartels. It's much easier to beat the competition by simply pulling a trigger than to offer superior quality, lower prices, or better customer service.

Actually drugs are the most highly regulated commodity, so the exact opposite of what you said would be true. You can have unbridled, unregulated capitalism and still protect people's individual rights. By opening the market and giving people choices, people would actually get to choose which companies to support so if they started acting like Monsanto, they can drop them. In our case it is hard to drop Monsanto because they are in highly regulated industries and receive a lot of subsidies.

I mean, look at alcohol... it was illegal and alcohol producers were killing people.. now it's a fairly highly regulated industry, but as regulations loosen and smaller micro brews are able to produce and smaller winemakers are able to produce and sell, it brings in healthy competition and the quality is very high in that segment of the market (which is still somewhat limited by regulations and has further room to grow under a free market). But they certainly aren't shooting each other.. that is ridiculous.

erowe1
05-09-2015, 01:54 PM
Sorry thats how law and order works. Commit a crime, go to jail.

I get that you're joking.

But for the sake of anyone who actually thinks like that, this story is about people in prison for something that was not a crime. Crimes are things with victims.

Christian Liberty
05-09-2015, 02:44 PM
I get that you're joking.

But for the sake of anyone who actually thinks like that, this story is about people in prison for something that was not a crime. Crimes are things with victims.

Rather, crimes are whatever God says they are ;)

TheTexan
05-09-2015, 02:59 PM
Rather, crimes are whatever God says they are ;)

Well, Gods, but yes

Warrior_of_Freedom
05-09-2015, 03:10 PM
I thought a lot of drug crimes were federal offenses, not state, so they wouldn't get out if it was only the state that legalized it but it's still illegal federally, or something? I was under the impression that under the current tyrannical federal system it's still illegal to possess pot and whatever in Colorado, but Colorado basically stopped enforcing it.

Zippyjuan
05-09-2015, 06:50 PM
How many are involved?
http://clemencyreport.org/127-still-serving-time-in-colorado-prisons-for-marijuana-offenses/


127 still serving time in Colorado prisons for marijuana offenses

Marijuana may be legal in Colorado, but 127 people are still in the state's prisons for marijuana offenses, according to the Colorado Department of Corrections.
Colorado Department of Corrections spokesman Adrienne Jacobson says: "127 offenders in the Colorado Department of Corrections are serving a sentence for a marijuana conviction.

"Marijuana violations have traditionally been misdemeanor offenses so the majority of those never came to CDOC in the first place and, obviously, won't now. The 127 is made up of 63 offenders newly committed on a marijuana offense and 44 that were returned to custody on a marijuana technical parole violation."

"It is important to note that marijuana felony offenses will continue to be felony offenses because these are generally related to massive illegal cultivation and massive amounts with intent to distribute; i.e. not the amounts you would expect to find for medical use and/or recreational use."

"Yes testing positive for marijuana is still considered to be a violation of parole conditions because it is a standard condition of parole to remain drug and alcohol free. However, not all parole violations result in a revocation of parole. Revocation is based on the totality of circumstances of the parolee's behavior and compliance while on parole. New crimes obviously would warrant revocation but one hot UA (urine analysis) likely wouldn't."

Colorado has about 22,000 in state prisons.

The Colorado Court of Appeals ruled that a drug offender can be sent to prison for a urine test that showed THC, notwithstanding the drug's legality, in this case medical marijuana, because refraining from marijuana was part of a deferred prosecution agreement. The same court ruled this March that previous marijuana offenders could have their possession convictions reversed based on the new law.

dannno
05-09-2015, 07:05 PM
How many are involved?
http://clemencyreport.org/127-still-serving-time-in-colorado-prisons-for-marijuana-offenses/

So the article doesn't include cannabis cultivation or sales as a marijuana conviction... so, do you know the real number?

antifed1791
05-09-2015, 07:05 PM
Sorry thats how law and order works. Commit a crime, go to jail. Without law and order, up would be down, left would be right, there would be gangs roaming the streets, murders in people's own homes, no sense of security, ... it would be anarchy.

Fortunately thats not the case.

That's sarcasm right? lol