Bipartisan Lawmakers Introduce Bill to Expunge Federal Marijuana Misdemeanor Convictions
07/12/2024
In a significant move towards federal marijuana reform, a bipartisan pair of lawmakers introduced a bill this week aimed at expunging federal convictions for low-level marijuana crimes. The legislation, known as the Marijuana Misdemeanor Expungement Act, was introduced in the U.S. House of Representatives by Louisiana Democratic Rep. Troy A. Carter, Sr. and Rep. Kelly Armstrong, a Republican from North Dakota.
The bill seeks to create a mechanism to expunge convictions for minor violations of federal marijuana laws and provide a process to clear non-felony cannabis offenses currently in the federal judicial system. This legislation comes on the heels of President Joe Biden's executive orders in October 2022 and December 2023, which pardoned thousands of past federal marijuana possession convictions. However, these pardons did not erase federal records of the convictions, necessitating further legislative action.
Rep. Troy Carter emphasized the importance of the bill, stating that it would "deliver justice for countless Americans whose lives have been disrupted and deprived because of a misdemeanor marijuana offense." He highlighted the secondary consequences associated with marijuana-related misdemeanors, such as restricted access to educational aid, housing assistance, occupational licensing, and even foster parenting. Rep. Armstrong echoed this sentiment, noting that the bill "gives a second chance to non-violent petty marijuana offenders after the sentence is complete and removes barriers to reentry while upholding the rule of law and supporting a more equitable society."
The bill's introduction comes at a time when the federal government is also reevaluating its stance on marijuana. In August 2023, the U.S. Department of Health and Human Services recommended that cannabis be rescheduled under the federal Controlled Substances Act, moving it from Schedule I to Schedule III. This recommendation was based on a review of the scientific evidence supporting the medicinal use of cannabis.
The Marijuana Misdemeanor Expungement Act would require the chief justice of the U.S. Supreme Court to implement a process to expedite the review, expungement, sealing, sequester, and redaction of criminal records for federal misdemeanor marijuana convictions. The chief justice would have one year to create the process, and each federal judicial district would have up to two years to conduct a comprehensive review and issue an order expunging, sealing, and sequestering the records.
The bill's introduction is part of a broader trend of marijuana reform at the state level. Thirty-eight states have adopted policies allowing for the medicinal use of cannabis, while twenty-four states have legalized recreational marijuana. This bipartisan bill represents a significant step towards addressing the harms caused by decades of the misguided War on Drugs and providing a second chance for individuals with low-level marijuana convictions.
As the bill makes its way through the legislative process, it is poised to have a profound impact on the lives of countless Americans who have been burdened by the collateral consequences of marijuana-related misdemeanors. If passed, the Marijuana Misdemeanor Expungement Act would deliver justice and provide a fresh start for those affected by outdated federal marijuana policies.
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The bill seeks to create a mechanism to expunge convictions for minor violations of federal marijuana laws and provide a process to clear non-felony cannabis offenses currently in the federal judicial system. This legislation comes on the heels of President Joe Biden's executive orders in October 2022 and December 2023, which pardoned thousands of past federal marijuana possession convictions. However, these pardons did not erase federal records of the convictions, necessitating further legislative action.
Rep. Troy Carter emphasized the importance of the bill, stating that it would "deliver justice for countless Americans whose lives have been disrupted and deprived because of a misdemeanor marijuana offense." He highlighted the secondary consequences associated with marijuana-related misdemeanors, such as restricted access to educational aid, housing assistance, occupational licensing, and even foster parenting. Rep. Armstrong echoed this sentiment, noting that the bill "gives a second chance to non-violent petty marijuana offenders after the sentence is complete and removes barriers to reentry while upholding the rule of law and supporting a more equitable society."
The bill's introduction comes at a time when the federal government is also reevaluating its stance on marijuana. In August 2023, the U.S. Department of Health and Human Services recommended that cannabis be rescheduled under the federal Controlled Substances Act, moving it from Schedule I to Schedule III. This recommendation was based on a review of the scientific evidence supporting the medicinal use of cannabis.
The Marijuana Misdemeanor Expungement Act would require the chief justice of the U.S. Supreme Court to implement a process to expedite the review, expungement, sealing, sequester, and redaction of criminal records for federal misdemeanor marijuana convictions. The chief justice would have one year to create the process, and each federal judicial district would have up to two years to conduct a comprehensive review and issue an order expunging, sealing, and sequestering the records.
The bill's introduction is part of a broader trend of marijuana reform at the state level. Thirty-eight states have adopted policies allowing for the medicinal use of cannabis, while twenty-four states have legalized recreational marijuana. This bipartisan bill represents a significant step towards addressing the harms caused by decades of the misguided War on Drugs and providing a second chance for individuals with low-level marijuana convictions.
As the bill makes its way through the legislative process, it is poised to have a profound impact on the lives of countless Americans who have been burdened by the collateral consequences of marijuana-related misdemeanors. If passed, the Marijuana Misdemeanor Expungement Act would deliver justice and provide a fresh start for those affected by outdated federal marijuana policies.
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