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San Francisco To Expunge Over 9,300 Marijuana Convictions

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  • San Francisco’s District Attorney announced he will expunge 9,362 marijuana convictions dating as far back as 1975.
  • The DA’s office teamed up with a nonprofit called Code for America, which developed technology that helped identify cases that are eligible for expungement.
  • The city took this proactive approach to clear cases themselves because they say the traditional process is expensive and tedious, making it both challenging and rare for eligible people to do so themselves.

Past Convictions to be Expunged

San Francisco officials announced Monday that they will dismiss 9,362 marijuana convictions dating back to 1975, making San Francisco the first city in the U.S. to clear all eligible marijuana convictions.

The announcement from San Francisco’s District Attorney, George Gascón, comes just over two years after California passed Proposition 64, which legalized recreational marijuana in California for people 21 and older.

Prop. 64 was approved by voters in 2016, and also allows those convicted of marijuana possession to petition to have their convictions expunged.

It also allow people to petition to have marijuana-related crimes reduced from a felony to a misdemeanor. The expungements also include marijuana convictions that are tied to other crimes.

Code for America

After Prop 64 passed, San Francisco became the first county to announce that it would clear old marijuana convictions.

For about a year, the San Francisco DA’s office went through old marijuana cases to determine which ones were eligible for dismissal and found about 1,200 cases to clear on their own.



However, that process proved to be time-consuming, which lead the DA to team up with a nonprofit called Code for America, a group that uses open-source technology to improve government efficiency.

Code for America used a computer algorithm it created called “Clear My Record” which sorts through marijuana convictions and determined which were eligible for expungement under Prop. 64.

According to a Medium article written by Code for America: “The Clear My Record technology can automatically and securely evaluate eligibility for convictions by reading and interpreting conviction data. It can evaluate eligibility for thousands of convictions in just a few minutes.”

The program also automatically fills out the required paperwork that can be turned in to the court for processing these cases.

People could request expungements themselves even before the DA and Code for America took on the project. However, before the city began to look for people who were eligible, only 23 people had actually petitioned the city to do something about their convictions because it is a confusing and tedious task.

Gascón said in a statement, “You have to hire an attorney. You have to petition the court. You have to come for a hearing,” continuing:

“It’s a very expensive and very cumbersome process. And the reality is that the majority of the people that were punished and were the ones that suffered in this war on marijuana, war on drugs nationally, were people that can ill afford to pay an attorney.”

Impact on People of Color & Low Income Communities

The DA’s office also noted that people who have marijuana convictions on their records often have trouble finding employment, noting that these people can face barriers when trying to get access to education, housing, loans, and public assistance.

Gascón also noted that there were racial disparities in marijuana arrests in the city.

A study done by ACLU in 2013 found that in San Francisco, African Americans were more than four times as likely to be arrested for marijuana possession than white people.

Source: ACLU

In a press briefing, Gascón said: “Take San Francisco for instance, our African American population is under 5 percent. But if you look at our convictions for marijuana offenses, 33 percent of people we convicted were African American, 27 percent were Latino.”

Due to the push from these factors, the city decided to take a proactive approach to clear past convictions themselves to help people who they say, “needed the most relief.”

Spillover Effect

Now that the DA has made the announcement, all that has to be done is for the courts to process the requests.

With this unprecedented move from San Francisco, many are wondering what implications this has for the rest of the country.

San Francisco’s actions have already prompted several other cities to follow their lead, and many believe that both the expungements and the technology used by Code for America will have a positive spillover effect.

Code for America intends on expanding it’s pilot program to other California counties, and has already set the goal of clearing 250,000 eligible convictions nationwide by 2019.

In California, other counties including Los Angeles are considering similar efforts. The Los Angeles County DA’s office estimates that there have been 40,000 felony marijuana convictions offenses since 1993. However, prosecutors have not said how many of those cases could be eligible for expungement.

The Code for America technology could also help a California with Assembly Bill 1793 which was signed into law last year. The bill mandates that the state build a list of all individuals eligible to have crimes expunged under Prop 64, with the end goal of having all past marijuana-related crimes reduced or cleared by 2020.

There are also other efforts happening outside of California.

In Missouri, lawmakers are considering a bill that would expunge convictions for medical marijuana patients, which is legal in the state.

New Jersey residents can also have their convictions expunged, but like in San Francisco, the process is reportedly challenging.

Additionally, in New York, the governor has proposed legalizing recreational marijuana use, and officials are exploring the possibly expunging or sealing conviction records.

Some law enforcement groups are not thrilled about the move to expunge convictions.

John Lovell, legislative counsel to the California Narcotic Officers’ Association, who was one of the leading voices against the legalization of marijuana in CA, told the Los Angeles Times: “To simply embark on an across-the-board expungement of 9,300 without looking at any of the surrounding factors on any of those cases strikes us as cavalier irresponsibility.”

In contrast, Gascón has said:

“This isn’t a political thing. This is about dignity. People pay their debt to society. People pay the consequences for something we no longer consider a crime. They should not be jumping through hoops for this. They should just get it.”

See what others are saying: (San Francisco Chronicle) (Los Angeles Times) (NPR)

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Trump Signs Order Allowing Former Troops to Be Called Upon for Coronavirus Fight

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  • President Trump signed an executive order that allows for former troops to be brought back to active duty to help fight the coronavirus pandemic.
  • This is not an immediate order to call former service members back, but it is typically used when the military is in need of specific skill sets, like persons with high demand medical capabilities. 
  • Officials are still reviewing who might be activated.
  • The order comes just days after the Army called upon former service members to voluntarily rejoin and help in the military’s response efforts. Over 14,000 have expressed interest as of Friday. 

Trump Signs Executive Order

President Donald Trump signed an executive order Friday that allows the Pentagon to bring former U.S. troops and members of the National Gaurd and reserve back to active duty to help those already battling the county’s coronavirus outbreaks.

During his press conference Friday night, Trump said the decision allows the federal government “to mobilize medical, disaster and emergency response personnel to help wage our battle against the virus by activating thousands of experienced service members including retirees.”

“We have a lot of people, retirees, great military people — they’re coming back in,” Trump added.

What This Means

The executive order released by the White House states that anyone recalled can remain on active duty for up to 24 months straight. It provides the Department of Defense and the Department of Homeland Security the authority to order as many as 1 million individuals at one time, however, it is not an order to do so. 

According to Pentagon spokesperson Jonathan Hoffman, the order applies to units and individual members in the National Guard and Reserves and certain Individual Ready Reserve members who are normally in an inactive status.

Hoffman said that decisions about who may be activated are still being reviewed, but he added, “Generally, these members will be persons in Headquarters units and persons with high demand medical capabilities whose call-up would not adversely affect their civilian communities.” 

As of now, the Individual Ready Reserve contains 224,841 members, according to the Department of Defense, and nearly 11,000 of those members “have medical capabilities.”

“This is a dynamic situation, we do not currently have a projected number of expected activations, but the Department is now fully authorized to make activations as needed,” Hoffman said. 

He also stressed that the departments would consult with state officials before using any National Gaurd Reserve Component units under the executive order.

Earlier this week, the Army called upon former service members to voluntarily rejoin and help in the military’s pandemic response efforts. The Army said the initial response has been positive, with at least 14,6000 people expressing interest as of Friday.

See what others are saying: (Politico) (CNN) (Fox News)

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FDA Authorizes Portable Test Kit That Can Detect COVID-19 in 5 Minutes

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  • The FDA has approved the use of a new coronavirus test kit that can give positive results in as little as 5 minutes and negative results in 13, leaps faster than the hours and sometimes days laboratory tests normally take. 
  • The tests are run on a lightweight and small portable device that can be used in emergency rooms, urgent care clinics, and even outside hospital walls.
  • Abbott, the medical device company that makes the kits, plans to send out 50,000 tests a day starting next week.

New Test Approved

The U.S. Food and Drug Administration gave Emergency Use Authorization to the medical device company Abbott for a new coronavirus test kit that gives results within minutes.

Abbott announced the news in a Friday press release, saying it plans to start delivering 50,000 tests a day beginning next week. The tests run on the company’s ID NOW platform, a portable device about the size of a small toaster than weights only 6.6 pounds.

Its portability means it can be used directly in an emergency room or urgent care clinic and even, “outside the traditional four walls of a hospital in outbreak hotspots.”

The company called it “the fastest available molecular point-of-care test for the detection of novel coronavirus(COVID-19), delivering positive results in as little as five minutes and negative results in 13 minutes.”

Second Rapid Test to Be Approved by FDA 

The approval from federal health officials means that regulators were satisfied with the test’s validation data and are confident that its benefits outweigh any risk, like false positives or negatives. 

The FDA’s approval marks the seconds time it has green-lit a fast working test that could accelerate testing across the country.  Last week, it approved a 45-minute rapid point of care test by the molecular diagnostics company Cepheid. However, that test is primarily intended for emergency rooms and hospitals, not doctors’ officers or urgent care clinics.  

Still, those turnaround times are leaps faster than the hours to days it takes most laboratory tests to bring results. 

Medical Shortages Still Cause Concern 

The approval of the Abbott test comes as cities across the nation battle with numbers of potential patients that surpass available tests and resources. Even with insufficient testing, the United States became the country with the largest number of reported cases of coronavirus on Thursday, exceeding China and Italy. By Friday, the U.S. hit more than 100,000 cases. 

Many fear that shortages of other critical medical equipment, like masks and swabs, could stifle the new rapid test’s impact. That’s because the kit requires a swab sample collected from patients, and many health care facilities are running desperately low on the tools needed to safely collect those samples.

The Center for Disease Control issued guidance Tuesday that allows some patients to collect their own nasal swabs in health care facilities, in an effort to reduce the amount of protective equipment needed for health care workers. 

On the opposite end, however, others note that fast and efficient testing can help medical professionals determine how much protective equipment they actually need to wear when interacting with a patient, as well as what kind of care to provide. Since this test can be done in a doctor’s office, it could even potentially help diagnose patients with mild or asymptomatic cases of the virus and help stop them from unknowingly spreading it. 

Experts also say drastically increasing testing capacity can help get the economy back on track sooner. With increased testing, measures like keeping everyone at home could be replaced with more targeted identification and isolation of those infected. 

See what others are saying: (The Hill) (CNBC) (CNN

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EPA Limits Environmental Regulations During Coronavirus Crisis

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  • The U.S. Environmental Protection Agency announced Thursday that it is scaling back its enforcement of environmental rules during the coronavirus emergency as businesses face challenges like layoffs and accessibility issues.
  • The temporary policy allows companies to monitor their own compliance with environmental laws, and the EPA said it will not issue penalties for violations of certain reporting requirements.
  • Many critics slammed the move, arguing that it opens doors to excess pollution and does not prioritize the health and safety of people and wildlife.   
  • The EPA defended the policy, saying it has reserved its authorities for situations other than routine monitoring and reporting and will consider the pandemic’s impacts on a “case-to-case basis.”

Temporary Policy 

The U.S. Environmental Protection Agency (EPA) says it will limit the enforcement of certain regulations as the coronavirus pandemic continues, leaving companies in charge of monitoring their own compliance with environmental laws. 

The agency unveiled the temporary policy on Thursday, arguing that businesses are running into obstacles like layoffs and accessibility issues as the virus alters normal life across the nation.

“EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements,” EPA Administrator Andrew Wheeler said in a statement.  

Under normal circumstances, companies must report when their facilities release a certain amount of pollution into the air or water. Now, that requirement will be put on hold for the time being. 

“In general, the EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the EPA agrees that Covid-19 was the cause of the noncompliance and the entity provides supporting documentation to the EPA upon request,” the policy states.

The agency also said it would exercise “discretion” in enforcing other environmental rules. It noted that the policy does not apply to criminal violations or hundreds of the country’s most toxic waste sites that fall under the Superfund act. The EPA also said it expects public water systems to maintain high standards. 

“Public water systems have a heightened responsibility to protect public health because unsafe drinking water can lead to serious illnesses and access to clean water for drinking and handwashing is critical during the COVID-19 pandemic,” the policy says.

The memo said that the changes will apply retroactively beginning on March 13, with no set end date indicated. 

Criticism of New Policy

Some, including people in the oil industry, had been asking for these regulations to be loosened, but others slammed the EPA’s choice, claiming it is too broad and lax. 

Gina McCarthy, who headed the EPA under the Obama administration and is now president of the Natural Resources Defense Council, called the policy an “open license to pollute.” 

Some called the changes “outrageous” and “evil,” accusing the EPA of prioritizing businesses over the health of individuals and wildlife.

Prominent figures in the climate change fight slammed the move as well.

“The EPA uses this global pandemic to create loopholes for destroying the environment,” teenage climate activist Greta Thunberg tweeted. “This is a schoolbook example for what we need to start looking out for.”

Others pointed out the irony of suspending rules that preserve air quality while a respiratory disease makes its rounds across the country. 

“What part of, ‘air pollution increases our vulnerability to respiratory diseases LIKE CORONAVIRUS,’ is not clear, EPA?” one Twitter user wrote.

Defense of Policy

The EPA stood behind their move and did not agree with its classification as a dismissal of regulations. 

“It is not a nationwide waiver of environmental rules,” Andrea Woods, an E.P.A. spokeswoman, told The New York Times. “For situations outside of routine monitoring and reporting, the agency has reserved its authorities and will take the pandemic into account on a case-by-case basis.”

Susan Parker Bodine, the EPA official who issued the policy, said that it does not excuse organizations from consequences if they do committ environmental violations.

“If you do have violations of your permit, you’re still obligated to meet your permit limits, you’re supposed to do everything possible,” Bodine told ABC. “And after the fact the agency will take that all into consideration but there isn’t a promise of no penalties in those kinds of situations.”

“If you have an acute risk, if you have an imminent threat … the facility has to come in and talk to their regulator, their authorized state or come into the agency,” she added. “And the reason for that is that we want to, we want to put all of our resources into keeping these facilities safe keeping communities safe.”

See what others are saying: (New York Times) (The Guardian) (CNN)

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