How do Canada and California deal with pre-legalization cannabis offences?

The question of how to handle past cannabis-related offenses inevitably arises when a country or state legalizes and regulates the cannabis market. Should we wipe the slate clean for offenses that will no longer be considered crimes? Or should we keep users’ criminal records, at the risk of penalizing them more than their peers?

The Canadian Vision

In the recent Canadian bill, nothing is said about the future of consumers who violate the rules. According to a survey conducted by the company Nano Research for the Canadian newspaper Globe and Mail, approximately 62% of Canadians believe that people with criminal records for simple cannabis possession should have their records expunged. The survey was conducted among 1,000 Canadian citizens between April 29 and May 5, 2017.

For reference, in 2015 in Canada, no fewer than 49,000 cannabis possession offenses were reported by Canadian police.

Prime Minister Justin Trudeau suggested last March that the government might take a more lenient approach in light of the upcoming legalization of cannabis in Canada, scheduled for July 2018. At a forum organized by VICE Canada, He said, «We’re going to take steps to see what we can do for people who have a criminal record for something that will no longer be a crime.».

According to the survey, 73% of Canadians who do not use cannabis said they would not start using it once it is legalized. Only 8% of those surveyed said they would try cannabis once it becomes legal. Finally, 12% of the survey participants were cannabis smokers and said they would not change their consumption habits once it is legalized.

The California Vision

In California, a 58-year-old man named Jay Schlauch was convicted of selling marijuana. This misdemeanor had prevented him from getting a job and making a decent living. The government legalized recreational cannabis last year, and the latter had his sentence reduced. «Why should I end up with you, the murderers, the rapists, and all those who truly deserve to be convicted?» he said.

This measure, which comes from the Proposition 64 allows certain convicted individuals to have their minor offenses expunged and gives new hope to people with prior convictions who are looking for work. For some convicted individuals, these crimes may also pose a threat of deportation.