LOS ANGELES — On March 19, a motion requiring the use of innovative technology to accelerate the resentencing of minor cannabis convictions in the county was unanimously approved by the County of Los Angeles Board of Supervisors. According to the Office of Cannabis Management, with the Public Defender and District Attorney offices, there are as many as 100,000 cases eligible for resentencing. This number is only based on cases dating back to 1993. It is highly likely that the number will grow once older cases are examined. The motion, filed by Supervisors Mark Ridley-Thomas and Hilda L. Solis, will help tackle the vast number of cannabis-related convictions that were affected by the passage of Prop 64 in 2016.
Prop 64 permits adults to possess and grow a specific amount of marijuana for recreational use. When it was passed, it made it possible for those whose cannabis-related convictions met the eligibility requirements to be able to reclassify or resentence their convictions. However, since early 2018, fewer than 1,000 eligible cases have been filed. This is due in large part to the complexity of the criminal justice system, lack of funds, and/or lack of awareness regarding their ability to challenge their convictions.
In an effort to help identify and process eligible cases, Assembly Bill 1793 was passed in late 2018. The purpose of this bill, written by Assemblymember Rob Bonta, was to help lift the burden from individuals so that they would not need to file petitions for their convictions on an individual basis. It required the prosecution and the Public Defender’s office to identify, review and either accept or challenge all eligible cases by July 1, 2020.
Cities like San Francisco have demonstrated the value of technology in identifying eligible convictions through their partnership with Code for America’s Clear My Record Initiative. With the help of Code for America, the San Francisco District Attorney’s office has been able to increase their number of identified eligible cases from 1,168 to 9,300.
The motion enforces a strict timeline on the Office of Cannabis Management, as well as the District Attorney and Public Defender offices. The Office of Cannabis Management and the District Attorney’s office must submit a report in 60 days detailing their efforts using technology to identify eligible cases for resentencing. In addition, within 90 days, the Public Defender’s office and the Alternate Public Defender’s office must have a plan to contact all identified cases eligible for resentencing.