Four years after Arizona voters approved Proposition 207, legalizing recreational marijuana and allowing for the expungement of certain marijuana convictions, the Arizona Supreme Court has taken further steps to extend the reach of this legislation. The recent ruling in the case of Bennett Laquan Williams, a convicted sex trafficker, has significant implications for inmates with prior marijuana convictions.
Background
- In 2016, Bennett Laquan Williams faced fourteen felony charges, including sex trafficking, and had seven prior felony convictions, including a 2004 Arizona marijuana conviction.
- Williams entered a plea agreement, pleading guilty to two counts of sex trafficking as a repeat offender, resulting in a twelve-year sentence.
- In 2020, Arizona voters passed Proposition 207, which allowed for the expungement of adult convictions related to small amounts of marijuana possession or use.
- Williams successfully expunged his 2004 marijuana conviction and filed for post-conviction relief, arguing that his enhanced sentence was invalid without the prior marijuana conviction.
The Court’s Decision
- The Arizona Supreme Court agreed with Williams, ruling that the expungement of his marijuana conviction invalidated the factual basis for his enhanced sentence.
- However, the Court clarified that the plea agreement was voidable, not void, if Williams is resentenced to a term different from the agreed twelve years.
- If resentenced to less than twelve years, the State may withdraw from the agreement; if resentenced to more, Williams may withdraw his plea.
Implications
- While immediate release is unlikely for most cases, this ruling sends a strong signal to incarcerated individuals in Arizona.
- Inmates with prior marijuana convictions should consult an attorney promptly to explore how this decision might benefit their cases.
Randy McDonald, an attorney with the Sandra Day O’Connor College of Law Post Conviction Clinic at ASU, reported that the court determined the original reasons for Williams’s plea deal were no longer valid. As a result, Williams can now return to the trial court to seek a revised sentence.
“The grounds for the original plea deal have shifted,” McDonald said. “This change allows for a reexamination of the sentence under the new legal framework.” Julie Gunnigle, Legal Director for Arizona NORML, an organization focused on assisting individuals in clearing past marijuana convictions, sees this ruling as a major development.
She believes it will prompt other incarcerated individuals to pursue reductions in their sentences. “This ruling is a strong signal to anyone with a loved one in prison in Arizona,” Gunnigle emphasized. “They should promptly consult an attorney to explore how this decision might benefit their case.
The potential impact is significant.” Although there is no certainty that a judge will lower a sentence if the case is revisited, experts believe the absence of a marijuana-related offense may influence the court’s decision. “Immediate release is unlikely for most cases,” McDonald noted.