Monday, September 21, 2015
3 cheers for Oregon
As the beginning of legal marijuana sales approaches, the state of Oregon is going one step further and providing a way to seal minor marijuana criminal records.
Oregon was not the first state to legalize recreational marijuana, which happened through a state ballot vote last November, nor is it the largest. But in preparing to begin retail marijuana sales next month, it is nonetheless blazing a profoundly new trail, legal experts and marijuana business people said.Oregon has long had lenient laws regarding possession, but now they are making their people legal along with the weed. Good for them.
“Oregon is one of the first states to really grapple with the issue of what do you do with a record of something that used to be a crime and no longer is,” said Jenny M. Roberts, a professor of law at American University in Washington, D.C., who specializes in criminal law and sentencing.
Many states in the past few years have begun to rethink the implications of harsh drug or mandatory sentencing laws that led to high incarceration rates and costs, revising rules so people who have righted their lives can escape the stigma of a criminal record.
Ms. Walton used a state law, not restricted to drug offenses, that allows anyone with a lowest-level felony, misdemeanor or nontraffic violation to wipe the slate clean if 10 years or longer has gone by without another conviction. Starting next year, more serious felony marijuana convictions of the past, like manufacturing, will be eligible for record sealing as well.
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