When Marijuana is Legalized Nationwide, What Happens to Incarcerated ?

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TreeOfLiberty

Well-Known Member
What happens to the incarcerated that are in prison for marijuana ? They will be released ?

If so, what will happen to all the previous people who served time and had their houses and cars taken away...will they all get a class action lawsuit and sue the Govt. for reimbursement ?
 
logzz

logzz

Active Member
Most likely not because they committed the crime before it was legal, make sense?
 
EdGreyfox

EdGreyfox

Well-Known Member
Unless they write the laws with a grandfather clause in it or include some sort of stipulation that anyone incarcerated for MJ related crimes is to be freed those people will stay right where they are at, and even if they are released they wouldn't have any legal right to sue since they commited their crimes and were sentenced before the law was changed.
 
pmgbns

pmgbns

Well-Known Member
People in Jail for possesion and such will be released, but dealers will probably stay for a full sentance. Depends on the case. The thinking is tho that if you dealt weed, you dealt hard shit too... Which most black market dealers I know sell harder shit anyway Not like any drug is hard to find.
 
C

Cozzle

Member
TreeOfLiberty said:
What happens to the incarcerated that are in prison for marijuana ? They will be released ?

If so, what will happen to all the previous people who served time and had their houses and cars taken away...will they all get a class action lawsuit and sue the Govt. for reimbursement ?
Click to expand...

They remain in jail and serve their sentence because they broke the law. No class action lawsuit for reimbursement, for the same reason.
 
C

Cozzle

Member
EdGreyfox said:
Unless they write the laws with a grandfather clause in it or include some sort of stipulation that anyone incarcerated for MJ related crimes is to be freed those people will stay right where they are at, and even if they are released they wouldn't have any legal right to sue since they commited their crimes and were sentenced before the law was changed.
Click to expand...
I don't think grandfather clauses would apply here since grandfather clauses are used to allow old rules to continue to apply, and not used to apply new rules to old laws. However, as you mention, CA could free past violators, if that bill were approved, which likely it never would.
 
D

Dirty Harry

Well-Known Member
They "may" let some out early to help with prison overcrowding, but the original charge(s) would stay on your record. When highway speeds were increased to 65 MPH, I didn't get any ticket fine money back or have any tickets removed because 65 was illegal then even if its legal now.
 
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DownLikeBCPowder

Member
It was still a crime at the time, no matter how unjust, unrealistic, financially unsound, socially incorrect, etc it is in retrospect. The fact that policia actively harass, fine, and incarcerate free citizens shows just how backwards and regressive we are...
 
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