After a congressional review, a Washington, D.C. bill was passed to extinguish certain marijuana possession records automatically.
D.C. Mayor Muriel bowser (D), allowed broad criminal justice reform legislation without her signature to be enacted in January. It was then sent to Congress where it was rejected by lawmakers. It became effective March 10.
In December, the Second Chance Amendment Act was unanimously approved by the D.C. Council.
Before the bill was passed, a Councilmember Christina Henderson (D), introduced an amendment that clarified the expungements language. It stated that any records relating to marijuana possession before February 2015, when the District’s legalization law went into effect, would have to be automatically expunged.
D.C. has legalized cannabis possession up to 2 oz. However, criminal records do not always reflect the amount of cannabis. “So the court and litigants can’t tell from the record whether it qualifies for decriminalized conduct,” Henderson’s rationale section to the law states.
It states that “include all simple possession rather than only possession of 2 ounces (or less) clarifies the intent” and allows court and litigants better implement the law.
The text of the new expungements section has been made law.
“The Court shall order the automatic expungement of any criminal records and court proceedings that relate only to citations or arrests or charges for the commission of a crime that has subsequently decriminalized or legalized by the Court of Appeals of the District of Columbia or the Supreme Court of the United States or records only related to simple possession of any quantity of cannabis in violation of D.C. Code SS48-904.01(d),(1) before February 15, 2015
Expungements must be processed no later than January 1, 2025 or within 90 days of termination by the prosecutor.
The bill stated that the court would order the automatic expungement all criminal records and court proceedings relating to only citations, arrests or charges for the commission of a crime that has been later decriminalized or legalized or declared unconstitutional.
Paul Armentano, NORML Deputy Director, celebrated the new law in a blog posting on Wednesday. He said that thousands of D.C. residents are still carrying the stigma and burden of a previous conviction for conduct that District lawmakers, most Americans, and a growing number states don’t consider a crime.
He stated that “our sense of justice” and “our principles of fairness” demand that courts swiftly correct the past wrongs caused by cannabis prohibition and criminalization.
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While the Biden administration is trying to promote the idea that a new approach to marijuana policy should be taken, the president proposes to continue banning D.C.’s ability to allow cannabis sales.
Although President Joe Biden’s new budget request for Fiscal Year 2024 maintains a long-standing appropriations riders to stop Justice Department interference with state-and territory-level medical marijuana programs, advocates are disappointed to see D.C. being targeted for its autonomy on marijuana commerce for the third consecutive year.
D.C. voters approved marijuana legalization on the ballot in 2014. However, the rider from Rep. Andy Harris(R-MD), has been a significant obstacle to local lawmakers from passing commerce legislation that’s been proposed over the years.
While the Harris rider is still in force, several District legislators have taken steps to increase cannabis access. In January, Mayor Muriel Bowser (D), signed legislation to expand the District’s existing medical cannabis program. It also contains language that allows adults to self-certify as medical cannabis patients without the need for a doctor’s recommendation. This effectively circumvents the congressional blockade.
The legislation was sent to Congress in February for review and is expected to be made law by March 28.
Although congressional legislators allowed the D.C. criminal Justice Reform legislation to include the marijuana exonerations provision to be enacted, they recently voted to overrule another local measure to substantially revise the jurisdiction’s criminal code. This was an action that President Donald Trump supported and has been criticized by statehood advocates.
D.C. legislators will continue to implement cannabis sales measures. They’re allowed to discuss the matter as long as they don’t adopt the reforms .
Delaware Senators approve House-Passed Marijuana Legalization Bills in Committee
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