Last week the Colorado Court of Appeals ruled that people convicted of some marijuana-related crimes may appeal those convictions, as recreational marijuana was made legal in Colorado in 2012.
Court Approves Applying New Marijuana Laws Retroactively to Certain Cases
The 2010 case of Colorado woman Brandi Jessica Russell led to the recent decision. Among other things, Russell was charged with possession of approximately a third of an ounce of marijuana as well as marijuana concentrate. Because such possession is now legal, Russell’s conviction should be thrown out, her attorneys argued.
The court ruled in her favor, stating that the current laws can be applied retroactively in certain cases. Only cases concerning minor drug offenses that were being appealed at the time Amendment 64 (legalizing recreational marijuana) was put in place are eligible. Marijuana-related convictions from earlier will not be wiped under this ruling.
Colorado Attorney General Plans to Appeal
If it stands, this decision could affect anywhere from dozens to hundreds of people. However, Attorney General John Suthers said he would probably appeal the court’s ruling. Laws are typically not applied retroactively, he said in a statement, and this decision could have future implications for non-marijuana-related cases. The General Assembly or the voters must clearly indicate that they want the law to apply retroactively, and that did not happen with Amendment 64.
Suthers also states that it is “highly unlikely” that anyone is in prison now for marijuana-related crimes similar to those Russell committed in 2010. Before the 2012 ballot measure legalizing recreational marijuana, possession of up to an ounce of marijuana was a petty offense, and as of late 2010, possession of marijuana concentrate was a misdemeanor.
Sales of recreational marijuana in Colorado began on January 1st of this year. Current Colorado law allows adults over 21 to possess up to 1 ounce of processed marijuana or up to 6 plants for personal use. Washington State also voted to legalize recreational marijuana, and sales are expected to begin this summer.
4 comments
E
United as one but they got each state different! We ain't free.
Brittany
maybe if they would legalize it for recreational use everywhere, we as a country would not be in so much debit. it has already been proven to raise enormous amounts of money. why continue wasting money in other states prosecuting people for possessing and/or smoking marijuana.
sublime
Well that's awesome. While people are rewarded for smoking weed we are still getting life sentences for the same drug on the east coast. Maybe try to help some of us.
whocares
Courts, greedy piglets...