On March 13, the Colorado Court of Appeals issued a ruling that may provide a benefit for a small but not insignificant number of the people arrested for marijuana in the state. Brandi Jessica Russell had her 2011 conviction for possession of less than an ounce of marijuana overturned, and this precedent could be applied to other specific cases where the defendants had appeals in process when Colorado’s Amendment 64 passed in November 2012.
The victory will be small, since most people charged with drug possession plead out instead. But it’s progress. And in spite of some handwringing about the legal precedent set by retroactively applying a law by such dissenters as The Denver Posteditorial board, this is a good thing. As Tom Angell, the founder of the Marijuana Majority, told me by email, “The voters of Colorado … declared the war on marijuana a failure on Election Day 2012. It’s very good news that their sensible action at the ballot box will not only prevent more people from being arrested under senseless prohibition laws but will provide help to those who have been caught in the grips of those laws in years past.”
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