Yes, Prop. 64 would legalize weed in California. But here’s something else major it could do
Though his fate will hang in the balance on Election Day in regards to Proposition 64, Corvain Cooper wont get to cast a ballot.
The 37-year-old will be in a cell in central Californias Atwater federal prison, where hes serving a life sentence with no chance of parole for convictions involving marijuana.
I was placed in a federal prison at its highest level, with felons who all committed acts of violence, the Los Angeles native said in a series of monitored emails sent from prison.
Yet they all have release dates.
Soon, Cooper could too.
Though most of the attention surrounding Proposition 64 centers on how the measure would make it legal for adults to consume recreational marijuana, the law would do something else: potentially reduce prison sentences and clear old criminal records related to marijuana.
Dont have time to read 62 pages for Proposition 64? Here are the highlights
Cooper is one of more than 6,000 people serving time who could potentially have their time behind bars shortened or even go free if Prop. 64 passes on Tuesday, according to an estimate by the Drug Policy Alliance, which is funding the measure.
What if it passes? What would legalized California look like? Some questions, answered
Shes still new on the job: Getting to know Lori Ajax, Californias most powerful marijuana regulator
Swimming in cash: Two financial backers shell out $2 million for California legalization campaign
Supporters make their move: California Proposition 64 supporters sue over opposing ballot arguments
Im vehemently opposed to it: Why many in law enforcement oppose Californias Proposition 64
Lucky No. 64: First came Amendment 64, now California will vote on Prop. 64
Weed news and interviews: Get podcasts of The Cannabist Show.
Subscribe to our newsletter here.
Watch The Cannabist Show.
Peruse our Cannabist-themed merchandise (Ts, hats, hoodies) at Cannabist Shop.
Another 1 million people convicted of marijuana-related misdemeanors and felonies could petition to have their records changed or cleared, the nonprofit organization estimates. That would give them wider access to jobs, housing and other services that are currently out of reach.
The criminal code changes are so profound that, even if I didnt like other things in the initiative, I would vote for it just for that, said Chris Conrad, a longtime marijuana activist whos backing Prop. 64 even as many friends in the medical cannabis community remain divided over the measure.
Opponents of Prop. 64 have many objections to the measure, including the provision that could allow convicted drug dealers whove served out their sentences to enter the newly legal pot market.
But Andrew Acosta, spokesman for the No on 64 campaign, said the measures criminal justice reforms havent been a big point of contention. Thats because many people say they view pot as essentially legal in California today.
Medical marijuana was decriminalized in 1996, allowing residents to buy it or grow it at home with an easy-to-get doctors recommendation.
And in 2010, Gov. Arnold Schwarzenegger made carrying small amounts of marijuana an infraction. That triggered an 86 percent drop in misdemeanor arrests for pot over the past five years.
I dont have people in jail for possession of marijuana unless its a lot of marijuana packaged for sales, said Orange County Sheriff Sandra Hutchens, who is opposing Prop. 64.
But a Drug Policy Alliance report shows California still has an average of 11,000 felony arrests for marijuana-related crimes each year, with more than half of those resulting in time behind bars. And data show minorities are more likely than whites to be arrested or jailed.
A CIVIL RIGHTS ISSUE?
Though black, Latino and white people consume and sell pot at similar rates, the Drug Policy Alliance report shows Latinos were 26 percent more likely than white people to be arrested for a marijuana felony in 2015, while blacks were five times as likely.
Its almost always white people who say that law enforcement leaves us alone when it comes to drugs and especially when it comes to marijuana, said Lynne Lyman, California director for the Drug Policy Alliance.
When white people are caught with more than an ounce of weed, Lyman said, they commonly get charged with possession, which is a misdemeanor that might carry just a $500 fine.
But minorities caught with the same amount are often charged with intent to sell, the data show, which is a felony that could get them up to three years in prison.
Californias de facto legalization: State still made nearly 500,000 pot arrests in past decade
Such racial disparities are the reason Silicon Valley billionaire Sean Parker has given more than $7 million to support Prop. 64, according to campaign spokesman Jason Kinney. And theyre the main reason rapper Jay Z, actor Danny Glover and a number of other stars cite for backing Prop. 64.
Opponents of the measure point out studies that show uneven enforcement hasnt improved even in states that have legalized marijuana.
While marijuana arrests dropped by 60 percent in Colorado and 90 percent in Washington state from 2008 to 2014, after these states legalized pot, a Center on Juvenile and Criminal Justice study found that blacks were still two times more likely to be arrested for related crimes than whites.
It shows that once again legalization advocates are only paying lip service to racial justice questions to advance the agenda of the marijuana industry, said Kevin Sabet, president of Smart Approaches to Marijuana, which is funding opposition to Prop. 64.
Sabet and other opponents argue that legal marijuana actually harms minority communities, with a concentration of pot shops and farms popping up in poor Colorado neighborhoods.
Theres evidence of that trend already playing out in California, with low-income cities such as Adelanto and Desert Hot Springs among the first to permit commercial marijuana cultivation in hopes of balancing their budgets with pot tax revenues.
While legalizing marijuana doesnt even the playing field, Lyman said it does reduce the number of blacks and Latinos arrested.
Lyman also points out that up to $50 million generated by Prop. 64 taxes would go toward grants for job training and other services in communities such as Los Angeles, Santa Ana and Riverside, which have historically high drug incarceration rates.
CHANGING THE SYSTEM
If Prop. 64 has a clear victory Tuesday, a sweeping overhaul to Californias criminal code would kick in Wednesday.
Other than selling to minors and home butane extraction, which is using volatile materials to make marijuana concentrates, Lyman said, Prop. 64 reduces or eliminates every marijuana criminal penalty currently on the books.
Right now, anyone without a medical marijuana card who gets caught with an ounce of weed faces a $100 ticket, while non-patients growing a few plants at home can get a felony. Under Prop. 64, both of those activities would be legal for anyone 21 and older.
Prop. 64 is the nations first legalization measure that would eliminate all pot-related criminal penalties for people under 18, with jail time and fines swapped out for community service and drug education courses. And at age 18, related criminal records would be sealed so convictions couldnt stop them from getting financial aid for college or other services.
The measure would increase one fine: A ticket for smoking pot where tobacco is banned would go up by $150.
But law enforcement could no longer use the smell of marijuana, or the presence of paraphernalia, as a basis for broader searches.
Conrad, who has served as an expert witness in some 2,500 marijuana-related cases, said removing weed as probable cause will eliminate a common point of contact with police that often escalates into something more serious.
Out of all the court cases I have been involved with, probably 50 percent start off with cops saying they smell marijuana, he said.
Mike Ramos, district attorney for San Bernardino County, and other law enforcement leaders take issue with Prop. 64 allowing people with prior drug convictions to work in the newly legal ...
