Cannabis Expungements Status in U.S.
Cannabis prisoners are a controversial group. Over the past 25+ years, an average of more than 600,000 arrests for cannabis are in the United States every year. Of those arrests, Black individuals are nearly four times more likely than their white counterparts to be arrested despite both groups using cannabis at similar rates. With adult-use cannabis now legal in 24 states, cannabis expungement is a major topic, especially in its connection to racial injustice. Below is the latest information about the state of cannabis expungements in the United States.
Maryland cannabis expungements
In June 2024, Maryland Governor Wes Moore issued a mass pardon of 175,000 marijuana convictions. In an intentional move to coincide with the Juneteenth holiday, these pardons mark one of the largest state-level pardons in the United States. Moore described the pardons as “the most far-reaching and aggressive” executive action among national officials.
“I’m ecstatic that we have a real opportunity with what I’m signing to right a lot of historical wrongs,” Moore said, adding that removing low-level possession charges can promote inclusive economic growth. The next step for those pardoned is an official Maryland cannabis expungement, which would forever remove the conviction from an individual’s criminal record. Doing so can lead to enhanced opportunities for employment, housing and other aspects of life. Maryland Legal Aid is one organization that assists those navigating cannabis expungement.
Hawaii cannabis expungements
Hawaii’s state senate recently voted down a bill that would have expanded the state’s existing decriminalization law. A separate cannabis expungement bill to expedite past cannabis-related violations is advancing to Governor Josh Green’s desk, however. The House approved HB 1595, which would create a pilot program for expungements for cannabis prisoners. Senators also signed off on SB 2706, which would create the Clean Slate Expungement Task Force, charged with crafting legislation for a state-led record-clearing program. While the expungement bill does not specifically mention cannabis, marijuana-related offenses are widely expected to be included in the would-be task force’s discussions.
Minnesota cannabis expungement bill
Execution of Minnesota’s cannabis expungement bill is ahead of schedule, with completion of more than 60,000 misdemeanor cannabis-related criminal records expected by June. Further, a separate Cannabis Expungement Board has been established to review cannabis-related felonies on a case-by-case basis. In an interview, Executive Director of the Board, Jim Rowader, noted that “Black and Brown communities across the country tend to have been arrested at three to four times the rate for cannabis-related crimes” and that the criminal reforms could have “a very significant equitable impact.”
State officials have identified more than 200,000 eligible felony drug cases for review, although not all of them are eligible for relief. Convictions that include violence, weapons or threats are not eligible for expungement under state law.
Ohio cannabis expungements
The Ohio General Assembly is considering changes that would allow those with criminal records for minor possession violations to seal or expunge these records. Ohio Representative Dani Isaacsohn said expungements are significant because they are a need and a priority for his constituents and expungements are an issue of racial equity and justice. It could be some time, unfortunately, before the Senate and House agree on amendments. This is due to arguments on several aspects. Regardless of whether an agreement is reached, the law would still require individuals to attend a judge-led hearing to seal or expunge their records.
Maine cannabis expungement bill news
Maine Governor Janet Mills has signed legislation into law providing for the sealing of cannabis-related criminal records. The measure permits those with convictions for activities since legalization to petition the courts to seal their criminal records, including possession and cultivation charges. Maine’s new law differs from those enacted in several other states, including California, New Jersey and New York, as Maine’s law requires those with eligible convictions to proactively petition the courts for a post-judgement motion.
Cannabis expungement bill in Missouri
Missouri cannabis expungements are in process as well, although paper records have slowed the process tremendously. According to state administrator-provided information, the first cannabis-related drug statutes began in 1971 and paper files largely ended in the early 2000s, creating more than 30 years’ worth of documents to review individually. Digital files are also being worked on, and per numbers compiled by the Missouri Supreme Court, about 123,000 marijuana cases have been expunged as of mid-May 2024. The court has relied on state “special assistance funding” to hire part-time clerks, many of them former retired court clerks with experience, to work on these expungements, Joel Currier, spokesman for the 22nd Circuit Court said. These funds come from the revenue of recreational marijuana sales.
When a candidate for cannabis expungement is identified, court clerks write an order for a judge. After approval, clerks email all law enforcement agencies, instructing them to clear the case from records. Then, a letter is mailed to the person whose case was expunged.
Cannabis expungement is a hot topic at CannaCon
While cannabis expungement bills are being enacted across the nation, the unfortunate reality is that there are still many, many cannabis prisoners incarcerated in the United States as well as people living with cannabis convictions on their records. This is why support for bills such as these is so important—nobody deserves to have their life hindered by a nonviolent cannabis conviction.
To learn more about the latest in cannabis expungement and other developments in the cannabis industry, attend an upcoming CannaCon conference. CannaCon is the United States’ largest B2B cannabis trade show, featuring big-name exhibitors and attendees. Get your tickets now!
This article was originally published on October 12, 2021, and updated on June 25, 2024.