A Louisiana Senate committee approved a bill passed by the House to simplify expungements of first-time marijuana possession convictions.
The Senate Judiciary C Committee, which is composed of Senators Boyd and McConnell, advanced the bill with a favorable vote in a voice-vote on Wednesday. This could be the last step before it reaches the Governor’s desk.
After 90 days, people who have been convicted for possessing up 14 grams of marijuana as a first offence can ask the court to erase their records.
This would speed up the process of relief as people are currently required to wait five years for certain records to be expunged.
Boyd said that at the meeting of the committee, her bill focuses on “reducing fees and streamlining the processes” for those seeking to expunge cannabis. She also stated that she worked with stakeholders like district attorneys and sheriffs in crafting the language.
The Senate Committee discusses the cannabis expungements proposals, starting at 2:23:23 in the video below.
The bill had been amended by a House Committee to state that misdemeanor marijuana cases can only involve 14 grams or less. A provision that waived court fees for the first time cannabis expungements was also removed.
The new measure caps fees at $300 for record clearing.
The bill states that “the clerk shall immediately forward the collected processing fees to the sheriff and district attorney…and the processing fee amount will be remitted in equal amounts immediately upon receipt to the office district attorney and sheriff’s fund.”
The law also includes a template of a motion for expungement that can be filled out by the person and submitted to the court.
Kevin Caldwell is a legislative manager for the Marijuana Policy Project. He told Marijuana Moment that expungements were a crucial part of redressing the harms caused by cannabis prohibition. The inequitable application of the prohibition has unfairly targeted poor and people of color. This is an important step for cannabis policy reforms in Louisiana.
He added that “without an expungement a person arrested on cannabis possession could lose their ability to obtain student loans, housing, employment opportunities, and professional licenses.” This legislation will provide first-time offenders with a chance to live a better, more fulfilling life. We are pleased to see strong bipartisan support from this legislation. This includes organizations who have historically opposed cannabis policy reform. We hope the support will continue to the Senate floor, and make it to Gov. Edwards’ desk. John Bel Edwards.”
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While legalization of marijuana has been stalled by the Louisiana legislature in recent sessions, lawmakers have taken a number of steps to reform cannabis law and improve the state’s Medical Marijuana Program.
A bill that ensures that patients are eligible for unemployment benefits even if they have registered as medical cannabis patients recently passed a House Committee.
Legislators defeated separately a measure in committee which would have repealed an rarely used tax on illicit marijuana sales.
Late last year, a Louisiana legislative task group approved rules providing worker safety protections for medical marijuana patients.
Last year, regulators decided to continue allowing doctors to recommend medical marijuana via telemedicine.
Last session, Gov. John Bel Edwards has signed a number of marijuana reform laws. One of the most important measures is to expand the number medical dispensaries in the state. Another measure prevents police from searching homes based on the smell of marijuana.
According to a survey conducted by the University of New Orleans and released last year, nearly six out of ten Louisiana voters favor legalizing marijuana.
Edwards signed a bill for decriminalizing possession up to 14 grams cannabis in 2021. The fine was $100 and no jail time.
Edwards signed a 2021 bill that allows patients participating in the medical cannabis program of the state to smoke marijuana flowers in their whole plant form.
He also said previously that he believes that Louisiana is going to legalize adult-use cannabis eventually, but that it won’t happen before the end of his term in 2024.
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The article Louisiana Senate approves House-passed Marijuana Expunges Bill in Committee first appeared on Marijuana Moment.
