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expungement

  • by Paul Armentano, NORML Deputy Director April 18, 2019

    home cultivationCook County State’s Attorney Kim Foxx has pledged that her office will begin expunging thousands of low-level marijuana convictions in the coming months. Cook County, which includes Chicago, is the second-most populous county in the United States.

    Foxx’s office is negotiating with the same non-profit group that assisted the San Francisco District Attorney’s Office in automatically reviewing and vacating over 8,000 past marijuana-related convictions earlier this year.

    Foxx also indicated that her office is reviewing policies regarding whether to bring criminal prosecutions in cases involving marijuana sales. Under existing policy, the office typically does not prosecute low-level drug possession offenses.

    Under state law, the possession of more than ten grams of cannabis but less than 30 grams is classified as a criminal misdemeanor, punishable by up to one year in jail. Possessing more than 30 grams is classified as a felony offense, punishable by up to six years in jail.

    In recent months, prosecutors in a number of major cities – including Baltimore, Philadelphia, and St. Louis – have moved to limit low-level marijuana prosecutions, while officials in a number of other cities and counties, like Brooklyn, Denver, San Diego, and Seattle have moved to vacate past cannabis-specific convictions. .

  • by Paul Armentano, NORML Deputy Director April 11, 2019

    Members of the New York City Council approved a pair of municipal bills this week limiting situations where those seeking employment or on probation may be drug tested for the past use of cannabis.

    Council members overwhelmingly voted in favor of a municipal proposal (No.1445) barring employers from drug testing certain job applicants for the presence of marijuana.

    The proposal states, “[I]t shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.” Council members passed the bill by a vote of 40 to 4.

    Under the plan, employees seeking certain safety sensitive positions – such as police officers or commercial drivers – or those positions regulated by federal drug testing guidelines, would be exempt from the municipal law.

    The measure now awaits final approval from City Mayor Bill DeBlasio. The new rules would take effect one-year after being signed into law.

    Studies have identified the presence of the inert carboxy-THC metabolite in the urine of former marijuana consumers for periods of several months following their last exposure.

    Council members also advanced separate legislation (No. 1427) to the Mayor’s office limiting situations in which persons on probation may be drug tested. Once signed, the new rules will take immediate effect.

    A resolution (Res. 641) calling on the New York City officials to expunge the records of all city misdemeanor marijuana convictions is pending. New York City police made over 78,000 marijuana possession arrests between the years 2014 and 2017.

  • by Paul Armentano, NORML Deputy Director April 10, 2019

    Governors in two western states have signed legislation into law to facilitate the process of permitting those past criminal convictions to have their records expunged.

    In Utah, Republican Gov. Gary Herbert signed House Bill 431: The Clean Slate Act into law. The measure creates a process for the automatic expungement and deletion of certain criminal convictions, including misdemeanor convictions for the possession of a controlled substance.

    To be eligible for automatic expungement, one must have completed their sentence and possess no subsequent convictions for a period of five years. According to reporting by the Salt Lake City Tribune, Utah will become only the second state in the nation to enact such a broad automatic expungement policy.

    The new law takes effect on May 1, 2020.

    In New Mexico, Democratic Gov. Michelle Lujan Grisham signed into law House Bill 370, The Criminal Record Expungement Act. The Act permits those convicted of certain violations, misdemeanors, or felonies – following the completion of their sentence and payment of applicable fines – to petition the court for an order to expunge arrest records and public records related to that conviction. Those seeking to vacate misdemeanor convictions must wait two years following the completion of their sentence, and have no subsequent convictions, prior to seeking expungement. Those with felony convictions must wait six-years prior to petitioning the court.

    The new law takes effect on January 1, 2020.

    For information about additional pending legislation, visit NORML’s Action Center here.

  • by Tyler McFadden, NORML NE Political Associate February 28, 2019

    Here in New Hampshire, there has been a great deal of progress in the last few years. Several bills have been introduced in the state legislature, ranging from legal hemp production to adult-use marijuana legalization, and the fight for freedom has never been more widely supported than now. New Hampshire residents overwhelmingly support marijuana legalization; in a recent poll conducted by the University of New Hampshire, 68% of New Hampshirites support full marijuana legalization, and the New Hampshire General Court is finally listening to the will of the people and is pushing for meaningful marijuana reform.

    There have been so far been eight major reform bills introduced in the New Hampshire General Court during the current legislative session.

     

    — Bipartisan bill HB 481 would legalize the personal adult-use, possession, cultivation, and retail sale of marijuana. It passed the House on 2/27/2019 by a vote of 209-147. It now goes to the Senate for consideration.

    For more information on this bill and to send a message to your State Senator in support of this legislation, click here.

     

    — Bipartisan bill HB 399 would allow those convicted of past marijuana offenses to file a petition with the court to expunge any criminal records of the possession of three-fourths of an ounce of marijuana or less. This bill passed the House on 1/31 and now goes to the Senate for consideration.

    For more information on this bill and to send a message to your State Senator in support of this legislation, click here.

     

    — Bills SB 175 and HB 461 would expand the qualifying conditions under New Hampshire’s medical marijuana program. S. 175 would allow physicians to recommend marijuana to any patient they believe would benefit from its therapeutic use, and HB 461 would allow physicians to recommend medical marijuana to patients suffering from moderate to severe insomnia, moderate to severe anxiety, or Lyme disease. S. 175 was referred to the Health and Human Services Committee and HB 461 was referred to the Health, Human Services, and Elderly Affairs Committee on 1/03/2019.

    For more information on these bills and to send a message to your State lawmakers in support of this legislation, click here.

     

    — Bipartisan bill HB 459 would legalize the production of industrial hemp in the state of New Hampshire to be in compliance with current federal hemp regulations and establish rules for such production. It was referred to the Environment and Agriculture Committee on 1/03/2019.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    — HB 350 would expand the number of medical professionals eligible to recommend medical cannabis by allowing physician assistants to issue recommendations to qualified patients. It was referred to the Health, Human Services, and Elderly Affairs Committee on 1/02/2019, which recommended that the bill “ought to pass with amendment” and will soon be brought to the House floor for a vote.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    — HB 335 would expand access to medical cannabis by allowing the Department of Health and Human Services to authorize additional dispensaries licenses in certain geographic areas of New Hampshire. It has passed the House and now goes to the Senate for consideration.

    For more information on this bill and to send a message to your State Senator in support of this legislation, click here.

     

    — Bipartisan bill HB. 364 would permit qualified patients to grow up to fourteen marijuana plants (two mature and twelve seedlings) and to possess up to six ounces of homegrown medical cannabis for their personal use. It was referred to the Health, Human Services, and Elderly Affairs Committee on 1/03/2019.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    — HB 366 would expand New Hampshire’s list of qualifying conditions for the State’s medical marijuana program to include opioid dependence and withdrawal. It was referred to the Health, Human Services, and Elderly Affairs Committee on 1/03/2019.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    Though reform is inevitable, it will not happen without activists such as yourself making your voices heard in the name of personal freedom. We need your help to keep fighting to legalize marijuana nationwide. Please send messages in support of the bills summarized herein to spur sensible marijuana reform in the Granite State.

  • by Tyler McFadden, NORML NE Political Associate February 20, 2019

    In New Jersey, there has been a great deal of progress in the last few years. Several bills have been introduced in the state legislature, ranging from legalization to expungement, and the fight for freedom has never been more widely supported than now. New Jersey residents overwhelmingly support marijuana legalization; in a recent poll conducted by Monmouth University,  62 percent of New Jerseyans support legalizing the responsible adult-use of marijuana, and several members of the New Jersey State Legislature are finally listening to the will of the people and pushing for meaningful marijuana reform. However, marijuana reform has stalled in the past few months. It is urgent that these measures get to the Governor’s desk as soon as possible.

    Send a general letter in support of sensible marijuana reform in New Jersey NOW.

    There are three major reform bills in the New Jersey State Legislature during the current legislative session.

    • S. 2318 would allow for expedited expungement of records for those previously convicted of a marijuana crime upon passage of decriminalization or legalization measures in the state of New Jersey, as long as those past violations are no longer considered a crime under state law. It was referred to the Senate Judiciary Committee on 3/22/2018 and is still stuck in committee. The passage of this bill is incredibly important; legalization alone does not provide a clear roadmap for expungement and the millions of people whose lives have been altered by prior marijuana-related convictions may still be left with the stain of those convictions even after legalization is a reality in New Jersey. For more information on this bill (and similar measure S. 3205) and to send a message to your state lawmaker in urgent support of this legislation, click here.
    • Companion bills S. 2703 and A. 4497 would legalize marijuana for personal adult-use in the state of New Jersey and provides expungement relief for people with certain past marijuana offenses. The bill was voted out of committee on 11/26/2018 and is now on its second floor reading and waiting for a scheduled vote. For more information on this bill and to send a message to your state Senator or state lawmaker in support of this legislation, click here.
    • Companion bills S. 10 and A. 10 would expand patients’ access to medical cannabis through several means. It would allow doctors the discretion to recommend medical cannabis to any patient they believe with benefit, phases out sales taxes on medical cannabis, and establishes additional legal protections for patients and caregivers. It also allows for additional growers and providers and expands on the amount of cannabis a patient may legally purchase and possess. S. 10 is in the amending stage as of 1/31/2019, and A. 10 most recently passed the Assembly Floor on 1/31/2019. For more information on this bill and to send a message to your state Senator or state lawmaker in support of this legislation, click here.

    Send a general letter in support of sensible marijuana reform in New Jersey NOW.

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