If proposition 19 passes in California, what happens to those in jail/prison for marijuana related offenses?
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they’ll stay there since they broke the law when it was in place…
they should be let go tho. especially bc the prison system is killing CAs economy
The Constitution forbids ‘ex post facto’ laws, meaning that you can’t make something illegal and then prosecute a person for doing it when it was illegal. Theoretically the principle works in reverse, you are responsible for the laws at the time you did whatever it was.
But in the real world, if pot becomes legal, casual users will probably be released from prison. People who got caught smuggling pot from Mexico, or people who sold pot on schoolyards will stay in jail, because those things will still be illegal. Plus pot will still be illegal by federal law, so people in federal prisons probably won’t get a break.