# If drugs are legalized, what happens to already convicted drug offenders? **URL:** \ **Category:** Factual Questions\ **Created:** [June 3, 2005, 8:27am UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692 "2005-06-03T08:27:03Z")\ **Posts on this page:** 13\ **Page:** 1
**Author:** ![Dunderman](https://avatars.discourse-cdn.com/v4/letter/d/ecb155/32.png) [@Dunderman](https://boards.straightdope.com/u/Dunderman)\ **Post date:** [June 3, 2005, 8:27am UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/1 "2005-06-03T08:27:03Z")
We all know that making _ex post facto_ laws are an abomination to any society that considers itself right and just. For example, if an action I performed yesterday becomes illegal today, I’m not convicted, as it was legal at the time. Does this go both ways? If, for example, all drugs are legalized, do all the drug offenders currently in jail stay there, as what they did was illegal at the time? ---
**Author:** ![One\_And\_Only\_Wanderers](https://avatars.discourse-cdn.com/v4/letter/o/838e76/32.png) [@One\_And\_Only\_Wanderers](https://boards.straightdope.com/u/One_And_Only_Wanderers)\ **Post date:** [June 3, 2005, 8:30am UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/2 "2005-06-03T08:30:42Z")
Just a WAG, but given the crowded prison situation, I would posit, that in such a circumstance the authorities would probably take the opportunity to free up a few cells. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [June 3, 2005, 12:20pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/3 "2005-06-03T12:20:39Z")
Legally, they still remain convicted of a crime. But the authorities would quite likely pardon them just as a matter of fairness. ---
**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\ **Post date:** [June 3, 2005, 12:34pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/4 "2005-06-03T12:34:32Z")
Does anyone know what happened to imprisoned bootleggers when Prohibition was repealed? Of course, as with many of today’s drug dealers, they were often guilty of other crimes, so many of them probably still had to serve out the greater part of their sentences. I expect it would be the same for many guilty of drug violations. ---
**Author:** ![anson2995](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@anson2995](https://boards.straightdope.com/u/anson2995)\ **Post date:** [June 3, 2005, 1:35pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/5 "2005-06-03T13:35:26Z")
> [@Spectre of Pithecanthropus](#): > > Does anyone know what happened to imprisoned bootleggers when Prohibition was repealed? Of course, as with many of today’s drug dealers, they were often guilty of other crimes, so many of them probably still had to serve out the greater part of their sentences. I expect it would be the same for many guilty of drug violations. I believe that most of the bootleggers were charged with tax evasion, a crime which wasn’t repealed by the 21st amendment. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [June 3, 2005, 1:42pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/6 "2005-06-03T13:42:03Z")
A few major players might have been charged with tax evasion, but hundreds, more likely thousands, of speakeasy proprietors and rumrunners were busted for illegal importation, possession and sale of liquor. I don’t remember any wholesale evacuation of the jails after prohibition ended. I assume most had to serve their time. ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [June 3, 2005, 2:24pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/7 "2005-06-03T14:24:57Z")
Since legalization ain’t gonna happen, you can safely fuggageddaboutit. ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [June 3, 2005, 3:20pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/8 "2005-06-03T15:20:38Z")
If the miracle of sanity prevailed and pot became legal, I’d bet people serving time for pot possession would be granted pardons (or whatever), but not people charged with dealing. But it seems that at least in Florida, there aren’t too many people serving time for pot possession, and many of those that are are also serving time for other crimes, assuming this gov’t web page is correct and honest: [http://www.dc.state.fl.us/pub/compass/02spring/5.html](http://www.dc.state.fl.us/pub/compass/02spring/5.html) > [@](#): > > A joint study by the Florida Department of Corrections’ Bureau of Research and Data Analysis and the Florida Department of Law Enforcement’s Statistical Analysis Center indicates that these offenders are neither harmless nor numerous. In fact, on May 31, 2001, there were only 93 (or 0.1%) inmates in the Florida prison system serving time for marijuana possession, and 42 percent of them (39) had previous arrests for violent offenses including murder, sexual battery, robbery or aggravated assault. These inmates had an average of 19 previous arrests and nine convictions. This average inmate has also been on community supervision such as probation an average of two times before being incarcerated. But, that still leaves 54 people that behind bars in Florida that is serving time for possessing a largely harmless weed (IMHO). Morally, my opinion is that they should be free, but it won’t free up many beds. ---
**Author:** ![Padeye](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@Padeye](https://boards.straightdope.com/u/Padeye)\ **Post date:** [June 3, 2005, 5:11pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/9 "2005-06-03T17:11:35Z")
> [@Exapno Mapcase](#): > > A few major players might have been charged with tax evasion, but hundreds, more likely thousands, of speakeasy proprietors and rumrunners were busted for illegal importation, **possession** and sale of liquor. Posession of alcohol was not prohibited by the 18th amendment, manufacture, transportation and sale. [http://users.aristotle.net/~hantley/hiedlegl/constitu/amend18.htm](http://users.aristotle.net/~hantley/hiedlegl/constitu/amend18.htm) ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [June 3, 2005, 5:38pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/10 "2005-06-03T17:38:23Z")
But possession of alcohol was prohibited by the [Volstead Act](http://www.multied.com/Documents/Volstead.html), the controlling piece of legislation passed by Congress in 1920. > [@](#): > > TITLE II. > PROHIBITION OF INTOXICATING BEVERAGES. > > SEC. 3. No person shall on or after the date when the eighteenth amendment to the Constitution of the United States goes into effect, manufacture, sell, barter, transport import, export, deliver, furnish or _possess_ my intoxicating liquor except as authorized in this Act, and all the provisions of this Act shall be liberally construed to the end that the use of intoxicating liquor as a beverage may be prevented. > > … > > SEC. 25. It shall be unlawful to have or _possess_ any liquor or property designed for the manufacture of liquor intended for use in violating this title or which has been so used, and no property rights shall exist in any such liquor or property… No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purposes such as a store, shop, saloon, restaurant, hotel, or boarding house… > [italics added] An amendment says what is constitutional, but legislation must be passed to spell out the enforcement of the Constitution. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [June 3, 2005, 6:57pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/11 "2005-06-03T18:57:58Z")
> [@Exapno Mapcase](#): > > But possession of alcohol was prohibited by the [Volstead Act](http://www.multied.com/Documents/Volstead.html), the controlling piece of legislation passed by Congress in 1920. > > An amendment says what is constitutional, but legislation must be passed to spell out the enforcement of the Constitution. Yes, however from Sec. 33: > [@](#): > > But it shall not be unlawful to possess liquors in one’s private dwelling while the same is occupied and used by him as his dwelling only and such liquor need not be reported, provided such liquors are for use only for the personal consumption of the owner thereof and his family residing in such dwelling and of his bona fide guests when entertained by him therein; and the burden, of proof shall be upon the possessor in any action concerning the same to prove that such liquor was law fully acquired, possessed, and used. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [June 3, 2005, 8:14pm UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/12 "2005-06-03T20:14:03Z")
So how does Sec. 33 apply to speakeasies and rumrunners? ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [June 4, 2005, 2:53am UTC](https://boards.straightdope.com/t/if-drugs-are-legalized-what-happens-to-already-convicted-drug-offenders/306692/13 "2005-06-04T02:53:59Z")
> [@Padeye](#): > > Posession of alcohol was not prohibited by the 18th amendment, manufacture, transportation and sale. > > [http://users.aristotle.net/~hantley/hiedlegl/constitu/amend18.htm](http://users.aristotle.net/~hantley/hiedlegl/constitu/amend18.htm) True, but some _states_ did ban the simple possesion of alcohol. Michigan did and I’m sure there were others.