| Abstrakt: |
The legalization of marijuana raises a quintessential jurisprudential question: Whether such laws apply retroactively to exonerate past pot offenders. The answer to this question affects millions of Americans who are suffering from the negative effects of past pot-related offenses. Some such offenders are serving life sentences without the possibility of parole, while all such offenders face negative impacts on their everyday lives. This Article advances the normative claim that past pot offenders have a constitutional right to the retroactive application of marijuana legalization laws. Further, it suggests that a tailored concept of amnesty is a practical means to exonerate such offenders, freeing some from imprisonment and allowing all of them to enjoy productive lives without the stigma of a criminal record. [ABSTRACT FROM AUTHOR] |
