Minnesota officials plan to provide thousands of individuals with expungement relief in the coming months. According to the legislation that passed in 2023, these expungements would cover low-level marijuana convictions.

The Minnesota Legislature passed the Adult-Use Cannabis Act and the Clean Slate Act in 2023. The state’s Bureau of Criminal Apprehension has worked on this plan since then. According to the Bureau, they have worked on determining which marijuana records qualify for the legislation’s automatic expungement process. 

The Bureau estimated that 66,000 records for misdemeanor cannabis-related convictions would qualify for automatic expungement. Officials estimated the state could carry out these expungements by August, possibly as early as May. Under the Adult-Use Cannabis Act and the Clean Slate Act, the state would regulate the cannabis market and provide relief to those previously convicted for cannabis-related violations. 

Under these Acts, adults may purchase, possess, and home-cultivate marijuana within certain limits. The law also created a system for the automatic review and expungement of certain non-violent marijuana-related violations. These changes may help improve housing and employment opportunities for individuals with these convictions.

Minnesota created a Cannabis Expungement Board to facilitate these changes. The board reviews these records on a case-by-case basis to determine eligibility for expungement. According to state officials, they have identified over 200,000 felony drug cases that could qualify. Despite this number, not all will be cannabis related.

The Cannabis Expungement Board is still reviewing these cases to determine which are definitively eligible. Under the law, the Board reviews records that do not involve threats, violence, or the use of weapons and disqualifies records that do. Reviewing these cases is expected to be a significant undertaking. As a result, the board intends to employ at least 30 legal professionals dedicated to examining cases to determine eligibility.

Expunging the qualified low-level marijuana convictions would prevent the public from seeing these cases. As such, these records would not appear in background checks for employment or housing. However, the Bureau of Criminal Apprehensions issued a warning for interested parties. The Bureau explained that they cannot notify consumers about their expunged records.

Consumers with eligible convictions can check the courthouse and inquire about the expungement process. Otherwise, individuals can use a public terminal to search for their cases. Those with qualified records should consider running a self-background check. A self-check allows consumers to review the information that employers, landlords, and others see on their reports. Reviewing these records also enables them to make corrections, especially if expunged information still appears on the report.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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Massachusetts has decided to pardon offenders charged with simple marijuana possession. As announced by Governor Healey, “I am exercising my executive power as governor under the Massachusetts Constitution, subject to approval by the Governor’s Council, to pardon all misdemeanor convictions for marijuana possession on record in our state.”

This is the first state to do so since President Biden decided to grant pardons to federal offenders charged with simple marijuana possession. Though the Governor’s Council approved the pardons and unanimously supported the effort, they voiced questions on the matter. Such questions included concerns about whether this was enough help for those affected by past marijuana laws.

According to the governor, anyone convicted of misdemeanors for possession of marijuana could qualify for the pardon. However, she emphasized that qualified records included those before the day her letter of request reached the council. The Lieutenant Governor also explained what would happen due to the Governor Council’s vote.

Those charged with misdemeanors of possessing marijuana before March 13, 2024, will see their crimes immediately cleared. As such, anyone receiving a pardon will see it done without taking personal action. Anyone who would like a Certificate of Pardon can request one.

The court system will update all charges of marijuana possession to show the pardoned status. This process involves updating records for approximately 70,000 to 100,000 people. As such, the Massachusetts trial court indicated this could take months. Though concerns have arisen, the court did not give an opinion on the pardon plan. Regardless, they are ready to begin updating the records.

The pardons do not remove the charges from an individual’s record. As such, the council voiced concerns about simply marking the records as pardoned. When searching for actions to help affected individuals, Councilor Kennedy asked District Attorney Kevin Hayden for ideas. District Attorney Hayden recommended they consider expungement. Councilor Kennedy has taken this into consideration and also encouraged the council to do more to inform affected individuals about their pardoned records.

Councilor Terrence Kennedy commented on a scenario concerning the pardons. In this example, Councilor Kennedy explained how an individual’s records would still show the pardoned conviction. Despite the information mentioning the pardoned status, most people with marijuana convictions would not know about the changed status.

These pardons are only for simple marijuana possession. As such, they do not apply to other charges made in conjunction with possession, possession with intent to distribute, or any other higher-level charges in marijuana trafficking. According to Governor Healey, the pardon will take effect immediately.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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A series of bills concerning old marijuana convictions recently reached Maine legislators. These proposals intend to address the record-sealing process for marijuana convictions, as marijuana is legal in the state. According to the bills, they would expand the list of qualifying convictions, possibly creating an automatic sealing process.

In 2017, Maine legalized the recreational use of marijuana. Despite this, convictions for possessing or using marijuana before legalization have remained on individuals’ records. These remaining records created significant hardships for those seeking employment or housing. 

Advocates for decriminalizing marijuana also argued that minorities such as Black and Hispanic individuals faced disproportionate impacts from these records. According to advocates, law enforcement often targeted minority communities under previous drug laws. This issue further spurred the Maine legislature to receive several proposals to seal these records from the public.

One proposal is LD 2269. It would address marijuana-related convictions from January 1, 2001, through January 30, 2017. LD 2269 would automatically seal or mark these records as confidential. The bill would include convictions for possessing marijuana and several related crimes. Furthermore, LD 2269 would task the Department of Public Safety, the Bureau of State Police, and the State Bureau of Investigation with monthly reviews. 

They must search their databases for underlying convictions qualifying for automatic sealing. They must transfer information on qualifying records to the Administrative Office of the Courts. This office would then send all relevant information to the Superior or District Court as appropriate. The court will then determine the convictions’ eligibility for automatic sealing. 

The court will notify the State Bureau of Identification for offenses that do not qualify. The State Bureau of Identification must file the notice alongside the criminal record. If an offense qualifies, the court will inform the State Bureau of Identification to keep the records confidential.

Another bill submitted to Maine’s legislature is LD 2236. This bill would update the definition of “eligible criminal conviction.” According to LD 2236, the definition would include any Class D crime related to the unlawful possession or cultivation of marijuana before January 30, 2017. The bill would allow affected individuals to file a post-judgment motion to seal their eligible criminal history.

Another bill under consideration is LD 2218. It would eliminate age limitations for those seeking to seal their offenses. Currently, post-judgment motions could apply only to individuals between 18 and 28 years old at the time of the crime. As such, LD 2218 intends to eliminate this statutory prerequisite.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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Ohio employers are still adjusting to Ohio’s new regulations governing marijuana usage in the state due to Issue 2. These adjustments are due to changes in the marijuana industry, such as legalizing its use. For example, the ballot measure legalized the possession, home cultivation, and retail sale for adults 21 years and older in Ohio.

However, these changes have left many employers with lingering questions, many of which concern their obligations under the new law. Ohio legalized recreational marijuana use under Issue 2 (An Act to Control and Regulate Adult Use of Cannabis) on November 7, 2023. This ballot measure took effect on December 7, 2023, bringing many regulatory changes. This success marks Ohio as the 24th state to legalize recreational use.

Employers may largely retain their existing policies. This decision keeps the Act in line with the state’s existing Medical Marijuana Control Program. Issue 2 legalized the use, cultivation, and manufacturing of marijuana. However, it did not provide any explicit employment protections. 

Unlike a few other states, Ohio does not have existing regulations protecting employees’ off-duty conduct. Under the new law, employers can maintain a drug-free workplace. This permission includes the power to prohibit the use of marijuana. As such, employers may continue establishing drug testing and zero-tolerance drug policies. The Act also provides several protections for employers, including the following:

• Employers may continue to bar the use, possession, and distribution of marijuana;
• Employers may take disciplinary action against employees, including the termination of employment due to an individual’s use, possession, or distribution of marijuana;
• Employers may continue to refuse to hire individuals due to their use of marijuana.

Furthermore, Ohio’s unemployment commission regulations consider those terminated due to marijuana use as “just cause.” Issue 2 does not offer employees the right to bring legal action against any employer for discrimination. Other actions not covered by Issue 2 include retaliation, refusal to hire, and any adverse employment-related action against an individual for their use of marijuana. 

The Act does not interfere with any federal regulations requiring drug testing. As such, employers with government contracts may continue requiring drug testing in compliance with federal requirements. However, Issue 2 encourages employers to include all drug testing requirements in their written policies and procedures. If they test for marijuana, they should include pre-employment marijuana testing in these policies. In addition, employers who test existing employees due to reasonable suspicion should explicitly include this expectation.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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Maine legislators recently held a public hearing concerning a decriminalization bill. This bill aims to decriminalize the possession of illegal drugs and increase investment in treatment for substance abuse disorders. The Health and Human Services Committee will review this bill, LD 1975, and consider its effects. 

One such effect includes the repeal of current statutes that make possession of Schedule W, X, Y, and Z drugs, as well as drug paraphernalia, illegal. Additionally, LD 1975 would establish a Substance Use, Health, and Safety Fund. These Schedules include all controlled substances classified as scheduled drugs within the state. As such, LD 1975 would legalize all recreational drugs, including cocaine, heroin, hallucinogens, and opioids, among others. 

The Department of Health and Human Services (HHS) needs this legislation to allocate funds yearly; it would start sometime by June 30, 2024. The Department would use these funds to make investments in more community care. This project would assist individuals with substance use disorders and be available voluntarily. Furthermore, service providers could receive grants from these funds to help struggling individuals further. Grant recipients must provide services to individuals free of charge, though they may seek reimbursement from insurance providers.

According to Representative Crafts, removing the penalty for possession would stop criminalizing some substances. She also explained the difficulties individuals face due to substance abuse disorders, even without incarceration. As such, LD 1975’s public health approach would help people rebuild their lives through evidence-based medical intervention. It would also provide vital social support and increased connections. Representative Crafts believes incarceration impedes this goal.

The measure has received considerable mixed reactions from stakeholders. The competing opposition and support stems from a fundamental disagreement over the best way to address substance abuse. One stance that both sides agree upon is the importance of treatment and recovery. However, those opposing LD 1975 believe decriminalizing the possession of controlled substances would only enable their use. Conversely, supporters argue that criminalization stigmatizes those who need treatment for their addictions.

Currently, the future of the legislation remains uncertain at best. Due to the current reactions, it may never proceed and become law. Employers should watch Maine legislators debate LD 1975 and prepare for what may come. For example, they could review their policies concerning criminal records related to substance abuse. Providing second chances to those with criminal backgrounds could expand the labor pool of potential workers. One way to get started is by working with an employment screening provider experienced in second-chance-hiring.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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