Street Roots • July 3-9, 2015
News
Page 7
Past pot convictions get little
relief under new statute
BY E M ILY GREEN
STAFF WRITER
ov. Kate Brown signed House Bill 3400
Tuesday, adding a long list of new
provisions and amendments to ballot
Measure 91.
However, missing from this extensive, 111-
page document, or any other bill that’s been
signed into law to date, is a provision to reduce
the sentences or exonerate of people currently
incarcerated in Oregon prisons for marijuana-
related offenses that are no longer considered
to be crimes under the law.
As previously reported by Street Roots
(“Coming clean,” Street Roots, March 27), Rep.
Lew Frederick (D-Portland) and Rep. Ann
Lininger (D-Lake Oswego) introduced a bill that
would have modified the sentences of inmates
incarcerated for marijuana offenses before July
1 to reflect the penalty for the crime after July
1, but the bill failed to garner support and died
before it got a hearing.
“I think there’s a perception that there
aren’t people in Oregon prisons serving time
for marijuana crimes, and that’s just not true,”
says ACLU Legislative Director Kimberly
McCullough, speculating as to why the bill
failed to garner any support.
According to Oregon Criminal Justice
Commission, as of May, there were 87 inmates
whose most serious offense was a marijuana
crime serving an average of three years in
Oregon prisons. Unless Gov. Brown decides to
commute their sentences, they may continue
serving time.
McCullough says in addition to those sitting
in Oregon prisons exclusively for marijuana
crimes, some are incarcerated for violating the
terms of their parole or probation by using
marijuana, and others may be serving
sentences for non-marijuana crimes that were
made longer with the addition of a marijuana
conviction.
“In all of those circumstances, we believe,*
says McCullough, “because the whole point of
B
Measure
91 was to
end the
war on
marijuana and to
remove it from being
a crime, that those
people should see
some relief because of
this.”
Frederick’s spokesperson
Sue Hagmeier says he plans to
push the issue further in future
sessions, but he’s happy that one
provision seeking to lessen the consequences
of past convictions did make it into the lengthy
bill. “He’s interested in making some progress,
rather than making a stand and getting
nothing,” she says.
It’s a provision that will make it slightly
easier for Oregonians to get marijuana
convictions on their criminal record expunged.
When courts review motions filed by
offenders wishing to clean up their criminal
record, if it’s a marijuana crime, they consider
it as though it occurred after marijuana became
legal in Oregon. So if before Measure 91 it was
a Class A, felony, and after Measure 91 it was a
Class B felony, they’ll treat it as a Glass B
felony. If the offense is no longer considered a
crime, they will treat it as a Class C
misdemeanor.
Better
health
here for
you
Delivering physical, behavorial health and
dental health care for over 230,OQG.children,
But most pot crimes were already eligible
for expungement before this change was signed”
into law, and in order to get their cannabis,
crimes expunged, offenders will still have to
complete their sentences, then complete three
years without any criminal activity or probation
violations, and they will still have to go through
the nine-step expungement process, which
includes getting fingerprinted, paying state
police $80 and a hefty court filing fee. In
Multnomah County the fee is $252.
Under the provision, however, unlawful
manufacturing and unlawful delivery to a minor
are now eligible for expungement, whereas
before, they were not. It also allows minors to
apply for expungement after waiting one year,
instead of three.
experiencing
or at risk of
becoming
homeless?
families and individuals on the Oregon Health
Plan in the Portland Tri-County area.
Together
we are
health
www.heatthshareore9on.org
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