Bipartisan lawmakers want federal cannabis expungements

EXPUNGEMENTS
Bipartisan lawmakers want expungements

What happened: A bipartisan group of Congressional lawmakers introduced a bill that would expunge low-level federal cannabis offenses.

Rep. Troy A. Carter, Sr. (D-LA) and Rep. Kelly Armstrong (R-ND) introduced the Marijuana Misdemeanor Expungement Act on July 2. The bill would create a mechanism that expunges low-level, non-felony cannabis offenses if passed.

The proposed legislation seeks to provide an expedited process to clear these offenses from federal records.

What they’re saying: “No one should be in jail just for using or possessing marijuana. This bipartisan bill will restore justice to millions of Americans who have suffered excessive secondary consequences associated with marijuana-related misdemeanors. Delivering justice for people who have been impacted by marijuana-related misdemeanors is a vital part of comprehensive cannabis reform,” Carter said in a press release. 

Back up: Thirty-eight states, three territories, and Washington DC allow the use of cannabis for medical or recreational purposes. 

President Joe Biden’s recent pardons are estimated to have affected around 6,500 individuals with federal cannabis possession convictions, per The New York Times, though many Americans continue to have both federal and state cannabis-related convictions on their public record.

Biden’s pardons, however, differ from expungement — these records remain public and can continue to impact lives negatively. 

Maryland Governor Wes Moore also pardoned over 175,000 cannabis-related convictions on June 17 via an executive order. 

But Moore’s pardons, like Biden’s, do not entirely provide a clean slate. Those pardoned in Maryland will be removed from criminal background check databases but their names will still appear in public court records unless they apply for expungement, which is not automatic and is decided based on the individual’s case. 

Why it matters: The Marijuana Misdemeanor Expungement Act addresses the long-term consequences of cannabis-related misdemeanors, which can restrict access to educational aid, housing, employment, and other opportunities. 

By expunging these records, the bill underscores the need for comprehensive cannabis reform and aligns with the broader movement to rectify the harms caused by the War on Drugs.

What’s next: The bill will be considered by Congress, likely facing debate and revisions. 

This bill is part of a suite of legislation proposed in Congress to reform federal cannabis laws and could serve as a model for future criminal justice reforms related to other drugs.

-CB

“The industry is used to taking outsized risks. I mean, operators are already breaking the law, so what’s wrong with breaking a little more law?”

Lawyer and industry expert Marc Hauser has been around the block of the cannabis industry. He’s seen it all and his takes in his Cannabis Musings newsletter are always worth your time.

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