Prosecution, sentencing and expungement questions remain
March 26, 2021
(Editor's note: This is the fifth in a series about the recent legalization of marijuana in Montana.)
With new marijuana laws coming into effect in the state after the passage of Ballot Initiative 190, there is a different bar to meet before marijuana activity crosses into illegal territory; it can still happen, but what happens to those people who have previously been arrested and convicted for activities that are now legal?
Under Section 36 of I-190, those with prior convictions for marijuana offenses can petition the court to be re-sentenced or have their conviction entirely expunged. Al...