If the Marijuana law is passed, will my brother be released from Incarceration?
My brother is currently in jail for repetitive offenses from possession of Marijuana.
Anyway i’m deeply curious, will he and all the people that were put in jail for weed be released and get fully refunded from the offense charges if Proposition 19 gets passed this year?
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It will not be retroactive.
So am I and I will be following your question.
I would guess not. It was illegal when he was arrested.
Well for one, it depends if he’s in California. The sad answer is….no.
Right now, they’re trying to scare the Prop. 19 voters off with saying they’re still enforcing “Federal” laws…even if passed. Although, it will definatly increase his chance of getting out alot earlier, especially due to overpopulated inmates, he would probably be one of the first to get out.
Hope this helps (:
Uh, no. It was illegal when they were arrested. Since your brother ignored the law and got arrested numerous times for possession, they won’t show leniency.
With passage of legislation like Prop 19 it becomes possible to expect successful appeals and other executive action such as pardon and clemency for those subjected to arrest and incarceration for something no longer a “crime”. Prop 19 doesn’t directly do this but it leads to the inescapable conclusion that our society no longer wants to incarcerate people for victimless crimes. In that sense, your brother can’t be hurt by passage and only can be helped. Best wishes for his speedy release.