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Collateral Punishments for Marijuana Crimes Can Exceed Those for Murder, Vary Wildly by State
Punished for Life: Report out July 2 to Detail Extra Punishments Haunting Those Convicted of Marijuana Offenses
06-22-07|BBS News|Michael Hess


Marijuana offenses, even those considered minor in many states, carry punishments that go far beyond whatever fines or jail sentences the court imposes, in some cases literally lasting a lifetime and more severe than the sanctions imposed on violent criminals, according to a study to be issued July 2.

The report, by attorney Richard Glen Boire of the Center for Cognitive Liberty and Ethics, is the first study to systematically analyze these "collateral sanctions" and rank the states by severity of these ongoing punishments.

Among the key findings:

Sanctions triggered by a marijuana conviction can include loss of access to food stamps, public housing, and student financial aid, as well as driver's license suspensions, loss of or ineligibility for professional licenses, other barriers to employment or promotion, and bars to adoption, voting or jury service.

States vary wildly in severity of these sanctions, with the most severe punishments in Florida, Delaware, Alabama, Massachusetts, New Jersey, Oklahoma, Virginia, and Utah.

Sanctions triggered by felony marijuana convictions can be more severe than those for a violent crime - and a felony can be as little as growing one marijuana plant or possessing over 20 grams of marijuana.

These sanctions, which come from an uncoordinated patchwork of laws, are not imposed directly by the judge and are not calibrated to the facts of an individual case. While judges are required to inform defendants of the direct consequences of a plea, they are not required to inform defendants of these additional punishments.

 

Buzzby

I was convicted of possession of less than an ounce of marijuana in 1970. I served a month in jail and three years of supervised probation. When that was over, I paid a lawyer to get my record expunged.

Much to my surprise, when I applied for a concealed carry license two years ago, I was turned down. The reason? My 1970 misdemeanor marijuana possession conviction. Any kind of drug conviction, expunged or not, provides a reason to deny a person a concealed carry license for the rest of his life.

Felony convictions deprive people of all of their Second Amendment rights for life. Misdemeanor assault convictions carry the prohibition on concealed carry licenses for only three years. Get busted for a joint? You are judged to be a violent person with bad judgment forever.

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SirSmokaALot

So this mean if i actually get a guilty charge from last year... thus will prevent me from applying for such things uh? Now... that will definitely lead me to breaking more laws by possessing a gun illegaly just because i have no faith in the justice system.

Buzzby

The restriction on a concealed carry license is Ohio law. Most gun laws are state laws. You'll have to check the laws in your own state.

Not being able to get a concealed carry license doesn't make it illegal to possess a firearm. It means you can't carry one concealed.

A felony conviction usually carries a lifetime ban on possessing a firearm. You can sometimes get that right reinstated through the legal system.

SirSmokaALot

Im so happy i said these... i just learned more =D thanks buzzby you the man

although i dont understand why justice system are always so quick to judge a man or other based on their charges even when these charges are brought upon by ignorant law in first place *rant*