Linn County marijuana diversion program has barriers to success

Linn County is making slow but encouraging progress under the marijuana diversion program launched a little more than a year ago.

Former Linn County Attorney Jerry Vander Sanden instituted new guidance in January 2021 offering a path for first-time marijuana offenders to have their cases dismissed and charges expunged if they meet certain requirements set by the office.

In the first year of the program, 28 people completed the program while another 36 are still working toward completion. Another 50, however, failed to meet requirements. It’s a good start but there is plenty of room for more progress.

“Our goal is to get up to a 50 percent success rate, but it’s up to each person to follow through,” new County Attorney Nick Maybanks told The Gazette’s Trish Mehaffey. “ … All we can do is give them the opportunity.”

A first-time marijuana offense can be disastrous, especially for people who already face barriers to employment, housing and education. A one-time mistake by a young person can set off a chain of events that lead to more serious criminal charges. The whole community is better off if we can avoid those situations.

Maybanks — who took over after Vander Sanden’s retirement this year and plans to run for election in November — can only recommend expungements. The court system must approve them. State law also imposes restrictions, which the Linn County program is modeled on. So the local prosecutor has limited latitude to address marijuana offenses.

We hope state and local stakeholders can come together and brainstorm ways to reduce barriers to success in the marijuana diversion program.

One of the biggest barriers is the substance abuse treatment mandate. In 2021, 38 participants failed the program because they did not seek a substance abuse evaluation and five failed because they didn’t undergo follow-up treatment.

Under Iowa Code, substance abuse evaluations are required as a condition of release for controlled substance charges. It’s not clear that this makes sense for cannabis. Many people who use pot do not have a substance abuse disorder but they’re treated as such because of marijuana’s outdated legal status.

Linn County’s marijuana diversion program’s success is constrained by state law. Iowa is one of a shrinking number of states still threatening jail time for first-time marijuana offenders. It’s another reminder that we need to have a serious conversation about decriminalization.

(319) 398-8262; editorial@thegazette.com