Bipartisan House lawmakers filed a bill on Friday that would create a process to expunge federal misdemeanor marijuana convictions and allow courts to recommend presidential pardons for eligible cases.
Reps. Troy Carter (D-LA) and Rodney Davis (R-IL) are sponsoring the new Marijuana Misdemeanor Expungement Act, which would require the chief justice of the U.S. Supreme Court to implement rules to facilitate the “review, expungement, sealing, sequester and redaction” of criminal records for low-level federal cannabis crimes.
The bill lays out specific criminal codes that would constitute an “expungable event.”
That includes current statutes criminalizing possession and distribution of small amounts of marijuana without remuneration, as well as “any other federal misdemeanor, petty offense, infraction, or civil penalty involving marijuana, including marijuana-related drug paraphernalia” that didn’t involve violence or threats of violence.
In order to be eligible for expungement under the proposal, at least one year must have transpired since the arrest or the last, non-technical docket filing. Courts could only process the relief if they haven’t been notified by federal authorities that the given case is ongoing or that the person involved has evaded prosecution.
Carter said in a press release that the legislation will “restore justice to millions of Americans who have suffered inordinate collateral consequences associated with marijuana-related misdemeanors.”
“These misdemeanors—even without a conviction—can result in restrictions to peoples’ ability to access educational aid, housing assistance, occupational licensing and even foster parenting,” he said. “Delivering justice for our citizens who have been impacted by marijuana-related misdemeanors is a key component of comprehensive cannabis reform.”
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The chief justice would have one year upon enactment of the bill to promulgate the procedural rules for expungements, and each federal district would have up to two years to “conduct a comprehensive review and issue an order expunging, sealing, and sequestering” pursuant to those rules.
The legislation also includes a section on notification requirements. Following an expungement, courts would be required to send copies of the final order to the U.S. attorney general, relevant federal agencies and the criminal justice agencies with jurisdiction over the given case.
A final order would also need to be sent to the person whose records were expunged, and the bill calls for a “reasonable process” to be established that allows individuals to inquire about whether the courts have processed their case. A copy of the final order would also be sent to local law enforcement serving in the area where the person whose case was expunged resides.
“Given the number of states, like Illinois, where marijuana has long been legalized for adult-use, we must ensure that our criminal justice system keeps pace so that individuals with low-level misdemeanor violations related to its use does not preclude them from getting jobs and participating in society,” Davis said in a press release.
The U.S. attorney general and federal prosecutors would be able to appeal any expungements within 60 days of their issuance to the U.S. circuit court of appeals for the relevant district.
... (see the original source for full discussion)
Biden has maintained a steadfast opposition to adult-use marijuana legalization, so there’s still an open question about what he would do if wide-ranging reform legislation made it to his desk. But in the interim, advocates will take any wins they can get from the historically prohibitionist president, which is why hopes remain high over the prospect of administrative relief.
Read the text of the Marijuana Misdemeanor Expungement Act below:
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Published on July 29, 2022
By Kyle Jaeger
Images Credit:
- Photo courtesy of Brian Shamblen
Source : Marijuana Moment
Link to original article: Federal Marijuana Records Would Be Expunged Under New Bipartisan Congressional Bill
