Connecticut”™s is continuing to pursue criminal enforcement action against people previously charged for possession of marijuana, even though a 2021 law legalized the adult use and recreational sale of cannabis.
According to a CT Mirror report, Chief State”™s Attorney Patrick Griffin addressed a public hearing on proposed legislation to halt the prosecution of ongoing marijuana-related cases if the activity being prosecuted is now decriminalized. Although he admitted prosecutions are still underway, he was unable to provide an exact number of ongoing marijuana-related criminal cases and added state prosecutors plan to meet soon to hammer out a policy that would address the matter.
“I will tell you very directly that I”™ve had conversations with all 13 state”™s attorneys, that we”™re in agreement that what is legal today should not be penalized because it occurred prior to the passage of the bill,” Griffin said.
The 2021 law enables a person to possess up to 1.5 ounces in their possession and 5 ounces in their home or locked vehicle. It also erased certain cannabis-related criminal convictions, either automatically or through a petition to the courts. The proposed legislation would mandate prosecutors to reevaluate marijuana-related charges in order to determine if “the action being charged is no longer a chargeable offense” and dismiss the charge if it was no longer considered illegal. It would also require sentencing courts to order a hearing if a person was incarcerated prior to, on or after legalization.
Griffin voice his opposition to the proposal that the criminal justice division must reevaluate the charges.
“The proposed legislation would direct us to exercise our discretion, order us to exercise our discretion. That would, in our opinion, violate the separation of powers,” Griffin said. “What I”™m saying, as clearly as I can say, is we do recognize the intent of the legislature. I certainly recognize. And I think I can speak for the 13 state”™s attorneys: We will take action on this matter.”
