SALEM, Ore. (Jan. 22, 2019) – A bill introduced in the Oregon Senate would create a process to expunge the sentences of some people charged under the state’s marijuana laws before cannabis was legalized. Passage of this bill would take another step toward nullifying federal marijuana prohibition in effect in Oregon.
Sen. Lew Frederick (D-Portland) introduced Senate Bill 420 (SB420) on Jan. 14. The proposed law would expunge certain misdemeanor marijuana convictions.
“A misdemeanor conviction in this state for the possession, delivery or manufacture of marijuana items based on conduct that, if the conduct had occurred on the effective date of this 2019 Act, would not constitute a crime, shall be set aside as provided in this section.”
SB420 goes on to create a process for expungement. It includes provisions that would allow prosecuting attornies to challenge individual cases.
Oregon was the first state to decriminalize the possession of small amounts of cannabis and was among the first state to legalize medical marijuana. In 2014, Oregon voters approved a referendum to legalize marijuana for adult use.
In the past, we’ve seen some opposition to marijuana legalization bills because the new laws generally leave those previously charged and convicted unprotected. The introduction of SB420 demonstrates an important strategic point. Passing bills that take a step forward sets the stage, even if they aren’t perfect. Opening the door clears the way for additional steps. You can’t take the second step before you take the first.
Enactment of SB420 would not only help those with prior marijuana arrests and convictions on their record get a new start, it would also further undermine federal marijuana prohibition. As marijuana becomes more accepted and more states simply ignore the feds, the federal government is less able to enforce its unconstitutional laws.
FEDERAL PROHIBITION
However, all of this remains prohibited under the 1970 federal Controlled Substances Act (CSA). Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.
Legalization of marijuana in Oregon removed a huge layer of laws prohibiting the possession and use of marijuana, something that will be extremely difficult for federal prohibitionists to overcome. FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By legalizing cannabis, Oregon essentially swept away the basis for 99 percent of marijuana arrests.
Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.
A GROWING MOVEMENT
Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. In 2018, Michigan voters approved recreational marijuana and Vermont became the first state to fully legalize marijuana through a legislative act.
With 33 states including allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.
“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.
Efforts to expand Oregon’s marijuana law demonstrates another important reality. Once a state puts laws in place legalizing marijuana, it tends to eventually expand. As the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law.
WHAT’S NEXT
SB420 was referred to the Senate Judiciary Committee where it must pass by a majority vote before moving forward in the legislative process.
