expungement

  • caribbean ganjaThe Dominica parliament approved the amendment to the Drugs Prevention Misuse Act even as government legislators urged that the passage of the bill should not be viewed as an opportunity for celebration and the excessive use of marijuana and its by-products. The amended legislation now allows for people over the age of 18 to be in possession of 28 grams of marijuana and National Security Minister Rayburn Blackmoore, who piloted the measure, said "there is a different view today than yesterday for persons who actually possess small quantities of marijuana for personal, religious use." Blackmoore added: "We are therefore taking a further approach towards decriminalising a small quantity of marijuana, to expunge the records of persons in respect of possession of 28 grammes."

  • Last month, Mexico’s Supreme Court handed down two decisions that effectively overturned Mexico’s longstanding ban on the personal use of marijuana. The Court affirmed the power of the individual—rather than the state—to decide what to do with their own body. More importantly, it struck down a form of prohibition and brought the “war on drugs” in Mexico closer its end than ever before. Both of us are plaintiffs in the two cases and, for the past decade, we have worked as drug policy reform advocates who have sought to decriminalize the use of cannabis in Mexico.

  • 544px-flag-map_of_ecuador.svg_Overview of drug policies, drug law and legislative trends in Ecuador.
     

    Ecuador is going through a process of reform of its legislation on drugs and the related institutional structure. The government of Rafael Correa is pushing forward this process, which began in 2008 with a new constitution that led to the declaration of an amnesty for small-scale traffickers. In February 2014 parliament approved the Organic Criminal Procedures Code. This replaces the criminal offences section of Law 108, a piece of legislation infamous for its harshly disproportionate sentences and drive to prosecute. As a result of the amnesty and the new legislation, thousands of people were freed from prison. Al the beginning of 2015 the National Congress started to debate a proposed Organic Law on the Integrated Prevention of Drugs and the Use of Controlled Substances, a bill which seeks to replace what remains of the old law.

    1. What are the current trends regarding drug laws in Ecuador?
    2. What are the current drug laws in Ecuador?
    3. What reform proposals and reforms to the drug laws have been made recently in the country?
    4. How have drug laws impacted the prison situation in the country?
    5. What does the law say about drug use? Is it a crime in Ecuador?
    6. Is there compulsory treatment for dependent drug users? Are there drug courts in Ecuador?
    7. What is Ecuador’s stance in the international debate on drug policy?
    8. What role has civil society played in the debate about drugs in Ecuador?
    9. Relevant drug laws and policy documents in the country

    For the latest news on drug law reform in Ecuador click here.

  • Policy changes over the past five years or so have dramatically reshaped the global cannabis market. Not only has there been an unprecedented boom in medical markets, but following policy shifts in several jurisdictions a growing number of countries are also preparing for legal regulation of non-medical use. Such moves look set to bring a clear range of benefits in terms of health and human rights. As this groundbreaking Report, highlights, however, there are also serious concerns about the unfolding market dynamics.

    application pdfDownload the briefing (PDF)

  • Mario DeaneA call has been made for the government to declare an amnesty on all arrests for the possession of under one pound of marijuana. The plea from the Ganja Future Growers Producers Association was made following the death of Mario Deane who was in the custody of the State. Deane was arrested and held at the Barnett Street police station lock-up in western Jamaica for possession of a marijuana spliff. While in custody, he was beaten and died in hospital a few days later.

  • jamaica cannabis cultivationThe Ganja Growers Association Jamaica (GGPAJ) has called for a meeting the Ministry of Industry Investment & Commerce (MIIC) to discuss the issue of ganja growers, their licenses, the impending and long awaited 'Transitional Permits'. According to the association, the MIIC and the ministries of Security, Justice, Agriculture, and the Cannabis Licensing Authority, need to address the confusion surrounding Rastafari growers and herbalists who also grow herbs and other spices for sacramental, medicinal, therapeutic, and other current and historically acclaimed uses in the industry. “In the interim, the GGPAJ would want an amnesty on the destruction of all cultivations until the much promised and long awaited Transitional Permits are in place.”

  • Minister of Justice, Senator Mark Golding, tabled the much-anticipated Bill proposing the automatic expungement of convictions for certain minor ganja-related offences in the Senate. The Bill, officially titled An Act to Amend the Criminal Records (Rehabilitation of Offenders), also provides that conviction for a minor offence of ganja possession, which involves a fine of $1000 (or such other amount as may be prescribed), or for smoking ganja, shall not be entered into the criminal record of the offender.

  • Justice and Correctional Services minister Ronald Lamola has published the draft Cannabis for Private Purposes Bill. The bill will give effect to the Constitutional Court judgement that declared some parts of the Drugs and Drug Trafficking Act and Medicines and Related Substances Control Act unconstitutional. In 2018, the Constitutional Court ruled that the use of cannabis is legal for both personal and medical use. However, it is currently still unlawful to use it outside of your private home, as well as buying and selling it. The new draft bill outlines new possession rules for cannabis users at the home as well as for people who wish to cultivate the plant. It also introduces new offences, as well as provisions for people who previously received a criminal record for cannabis possession.

  • israel cannabis flag courtIsraelis who have been convicted for possessing or using cannabis for personal purposes were called upon to submit a request to have their criminal record erased, President Isaac Herzog and Justice Minister Gideon Sa'ar announced. The call came after on February 9 a proposal was put forward to amend the Administrative Rules and Order law such that possessing or using cannabis will be designated as an administrative offense and will not warrant the opening of a criminal record. The clemency process in Israel requires that a person who wishes to erase his criminal record submit a request with the Justice Ministry, which then prepares a file and recommendation for the President to decide upon. 

  • The House Judiciary Committee passed a bill that would effectively make marijuana legal. The Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 passed by a count of 24-10. Rep. Jerrold Nadler (D-N.Y.), chairman of the committee, introduced the bill and has gathered more than 50 co-sponsors of the bill in the House. Under the MORE Act, weed would be removed from the Controlled Substances Act, federally legalizing cannabis across the country. Past federal cannabis convictions would be required to be expunged. The bill would establish the Cannabis Justice Office, that would introduce a 5 percent tax on state-legal cannabis sales, among other things. (See also: Marijuana legalization bill approved by congressional committee in historic vote)

  • us capitol cannabisThe U.S. House of Representatives passed sweeping legislation that would decriminalize marijuana at the federal level, the first time either chamber of Congress has voted to legalize cannabis. The measure, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, passed on a largely party-line vote of 228-164. Six Democrats voted against the legislation and five Republicans voted for it. The GOP-controlled Senate is not expected to take up the measure. The legislation would remove marijuana from the federal list of controlled substances and expunge some marijuana convictions for nonviolent criminals. (See also: House approves federal marijuana legalization bill in historic vote)

  • handcuffsCanadians with criminal records for drug possession will see them effectively vanish within two years after the government’s criminal justice reform bill becomes law — a move that could affect hundreds of thousands of people. Criminal records can prevent people from getting jobs, volunteer opportunities, housing and hinder their ability to travel. The automatic “sequestration” of drug possession records was made possible due to a New Democratic Party amendment to Bill C-5 and accepted by the government. “I said we needed a better bill... Highest on my list was trying to get rid of criminal records for simple possession,” said NDP justice critic Randall Garrison, who proposed the amendment.

  • us illinoisIllinois governor JB Pritzker granted more than 11,000 pardons for low-level marijuana convictions, describing the step as a first wave of thousands of such expungements anticipated under the state’s new marijuana legalization law. The expungement process is a key part of the law, which takes effect on January 1, 2020, and makes Illinois the 11th state to legalize marijuana for people 21 or older. Lawmakers want to repair some of the damage caused by efforts to combat sale and use of the drug, particularly in minority communities. Officials estimate 116,000 convictions for possession of 30g or less of marijuana are eligible for pardons. (See also: 'The beginning of a new age, the end of an antiquated viewpoint’: Long lines, celebrations mark first hours of recreational marijuana sales in Illinois)

  • Illinois will likely become the 11th state in the US to allow small amounts of marijuana for recreational use. The state’s Democrat-controlled House sent a legalisation plan to governor JB Pristzker, also a Democrat. Pritzker was elected in 2018; he campaigned as a support of legalization. “This will have a transformational impact on our state, creating opportunity in the communities that need it most and giving so many a second chance,” Mr Pritzker said. The rule would make it legal for those 21 and older to buy marijuana at licensed dispensaries. Residents could possess up to 1 ounce (30 grams) and non-residents could have 15 grams. (See also: In landmark move, Illinois lawmakers approve adult-use cannabis program that could hit $2 billion in sales | Marijuana advocates hit unexpected roadblocks)

  • us illinoisCon el primer día de 2020, comenzó la venta legal de mariguana para uso recreativo en Illinois y muchas personas se formaron desde muy temprano en los dispensarios. Illinois ya permitía la mariguana para uso médico, pero desde ahora el undécimo estado en permitir su consumo y venta para fines recreativos. La ley aprobada por el Congreso estatal, de mayoría demócrata, y después por el gobernador demócrata J.B. Pritzker, permite a las personas de 21 años o más poseer hasta 30 gramos de cannabis en forma de planta y hasta 5 gramos de la sustancia concentrada de la planta. (Véase también: Marihuana con fines recreativos, legal en Illinois)

  • malta cannabis flagA bill to allow recreational cannabis use has been signed by President George Vella and is now part of Maltese law. Legal Notice 478 notes that the Authority on the Responsible Use of Cannabis Act has now come into force and establishes Innovation Minister Owen Bonnici as the minister responsible for it. The legal notice was published four days after the bill was sent to President Vella for his signature, after a majority of MPs voted in its favour. Appeals from some factions for the president to refuse to sign the law were shot down by the head of state himself: “In no way can the president, under our system, impose his decision on those representing the people in parliament, whether he agrees with it or not.” (See also: 'This is no smokescreen' - Owen Bonnici interviewed on cannabis reform)

  • GOP presidential candidate Gary Johnson drew headlines earlier this month when he said he would issue a full presidential pardon for anyone serving a prison sentence for marijuana. He elaborated on that promise adding that it's only a matter of time before marijuana is legalized. "Clearly it is when, not if," he said of legalizing cannabis. "When 50 percent of the population says to the other 50 percent, 'You belong behind bars for your actions,' that's not good law, that is just not good law at all."

  • It has been one year since the government launched a program offering Canadians with a criminal record for simple pot possession a fast, free pardon — but only 257 people have been granted one so far. Critics say the low number proves the program is "unconscionable" and a "total failure." They're calling on the government to deliver an automatic removal of those criminal records. According to figures provided by the Parole Board of Canada (PBC), 458 people have applied to the program. Of those, 259 were accepted for consideration, with 257 granted and two discontinued. Another 194 applications were returned because the person was ineligible or the file was incomplete, while five more are still in the works.

  • morocco-cannabis3Quelques centaines de cultivateurs de kif ont répondu à l’appel lancé par le Parti authenticité et modernité (PAM), sur le point de finaliser un projet pour la légalisation de la culture du kif. Hakim Benchemass ouvre le bal : «Il est inconcevable que 48 000 personnes soient recherchées par la gendarmerie. Elles doivent bénéficier de la grâce pour ne plus vivre dans la peur. Tout le monde sait que dans ces terres on ne peut pas faire pousser des fraises». Mais, selon les agriculteurs, son application risque de poser un problème. Pour commencer, les intervenants du PAM ne font aucune allusion à la transformation de la plante en cannabis.

  • morocco-cannabis3Quelques centaines de cultivateurs de kif ont répondu à l’appel lancé par le Parti authenticité et modernité (PAM), sur le point de finaliser un projet pour la légalisation de la culture du kif. Hakim Benchemass ouvre le bal : «Il est inconcevable que 48 000 personnes soient recherchées par la gendarmerie. Elles doivent bénéficier de la grâce pour ne plus vivre dans la peur. Tout le monde sait que dans ces terres on ne peut pas faire pousser des fraises». Mais, selon les agriculteurs, son application risque de poser un problème. Pour commencer, les intervenants du PAM ne font aucune allusion à la transformation de la plante en cannabis.