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this post was submitted on 21 May 2024
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This is the correct situation. Until Federal legalization happens, you can't overturn state conviction.
And given our current situation in the House and Senate (not having enough to beat a Republican filabuster) I don't see federal legislation happening anytime soon.
The Democrats' caucus is large enough to do away with the filibuster forever. So naturally, it hasn't.
If you can get them all to agree to get rid of it
And that's a big if
Since the party wants perfect lockstep from its voters, that if shouldn't exist at all.
This isn't entirely true. Many states who have legalized Cannabis have expunged convictions off of people's records automatically, or have created a process where an individual can request it.
Basically what the previous commentor and I are saying is that it has to be state level overturns or expungements unless the federal government can get legislation through because the federal government can't force the states to do that without legislation.
I see. That isn't how I interpreted their comment, but I do agree with that assessment. Even if Cannabis was federally legalized I'm not sure that the federal government could force states to retroactively overturn convictions, but I am just making an assumption as that is beyond the scope of my legal knowledge.
Yes. Unless it's a federal indictment, the states need to clear it. There have been instances where Federal Regulations are wiped out (prohibited), but that is not the case here.
In those cases, states overturned their own ruling. Bit different.