The state of Minnesota’s new marijuana legalization law includes a process that will allow prior marijuana convictions to be expunged. A Minnesota law enforcement agency issued a notification outlining the procedure. It said that “work” is already underway.
In an update released on Friday, the Minnesota Bureau of Criminal Apprehension stated that 66,000 cannabis records will be automatically sealed as a result of the new legalization law which takes effect August 1. The Expungement Board of the Minnesota Department of Corrections will review another 230,000 records.
BCA stated that “criminal history records will contain an announcement soon indicating that cannabis-related crimes may be eligible for expungement in accordance with the new Adult Use Cannabis Law.” The specifics of how it will operate and the language that will be used are currently being developed.
BCA seals records, but the local courts and law enforcement agencies will also expunge cases that have been identified as being eligible for relief. The bill creates a Cannabis Expungement Board, which will facilitate the sealing of records.
Minnesota legislators have passed two laws that will allow some Minnesotans to expunge their criminal records. @MnDPS_BCA is working to achieve this. Learn how expungement works in our latest #DPSBlog.https://t.co/zHniBujLkg pic.twitter.com/6F5JPaHbYR
— MnDPS_DPS June 9, 2020
BCA stated it would need to make “technical, programmatic and other changes” to its Criminal History System. It expects offenses to continue to be listed on public records “closer to August 2024.”
The bureau also said that another piece of legislation enacted provides for the expungement of previous conviction records as well as an appeal process to ask the court for relief.
BCA must send an internal notice of expungement to the judicial branch. The judicial branch will then “seal any related records including the arrest, indictment trial, verdict and dismissal of the case.”
According to the cannabis legislation signed into law by Gov. Tim Walz, a Democrat who signed the law into effect last month. The bureau must also submit to the legislative committees a report after the automatic expungements are completed with “summary information” and the “total number” of cases cleared.
—
Marijuana Moment tracks more than 1,000 cannabis and psychedelics bills, as well as drug policy legislation in state legislatures. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
The first adult-use retail stores in the state will not open until August 1st, even though legalization for low-level possession of cannabis and home cultivation is effective on that date. The Office of Cannabis Management, which is the primary regulatory body overseeing this program, will formally be established next month. They will then start creating the infrastructure to license.
Walz stated last week that Indian Tribes in the state could be able sell to adult consumers earlier than standard licensees.
Before Walz even signed the reform law, the state created a website to serve as a central hub of information on the new law. Officials are also soliciting vendors who can help create a licensing system.
Democratic-Farmer-Labor legislators are pointing to the achievement on cannabis reform as a direct result of voters putting the party in the majority in both chambers after last year’s election.
The bill that passed both chambers was an updated version of the 2021 House Bill, which was introduced by former Majority leader Ryan Winkler (D), now serving as campaign chair of the advocacy coalition MN Is Ready.
The main components of the final marijuana legislation bill, the HF 100.
Adults 21 years and older can possess up to 2 ounces in public. They will also be allowed to grow up to 8 plants at home. Four of these plants may be mature. In their homes, people can have up to 2 pounds of marijuana.
Adults can give each other up to 2 ounces of marijuana for free.
The licensing process and the regulated sales are expected to begin in 12-18 months. From March 1, 2025 existing medical cannabis businesses will be able to receive new combination licensing that allows them to enter the adult-use cannabis market.
Implementation will begin in August. BCA is responsible for identifying those who qualify for relief and submitting them to the courts for processing. The newly formed Cannabis Expungement Board, which will consider felony cannabis crimes for relief and possible sentence reductions for those who are still incarcerated, will also be able to review felony cannabis convictions.
Municipalities and counties are allowed to own and operate government-run dispensaries in addition to creating an entire system of cannabis businesses.
Cannabis delivery services and on-site consumption permits will be allowed under the bill.
Local governments are not allowed to ban marijuana businesses in their area, but they can set “reasonable regulations” on time and location. They can also limit the number of cannabis licenses issued based on population.
The state will impose a 10 percent gross receipts tax, in addition to its standard sales tax of 6.875 percent.
Eighty percent of the revenue will be deposited in the general fund, with some money earmarked to fund cannabis businesses and substance abuse treatment programs. Twenty percent will go to local government.
OCM, which will be created in July, will regulate the cannabis market and issue licenses for cannabis businesses. A designated Division of Social Equity will be created.
This legislation will promote social justice, in part, by rewarding equity applicants with higher scores. Social equity applicants will include people who live in low-income areas and veterans who have lost their honorable status because of a cannabis-related crime. People who are convicted of cannabis crimes, or have an immediate relative with a similar conviction, may also qualify.
A recent poll found that 64 per cent of Minnesota’s registered voters supported the creation of a regulated market for marijuana. This included 81 percent among Democrats and 49 percent of Republicans.
Two surveys released in September showed that a majority of Minnesota residents supported adult-use marijuana. One survey also revealed that more Minnesotans approved of the state’s decision to legalize THC infused edibles, which was enacted by the state last year.
In September, a poll conducted by members of the House during the State Fair found that the majority also supported legalization. This legislature-run survey found that 61 per cent of Minnesotans support legalizing cannabis for adults.
The support for legalization was higher this year than in 2021 when the House Public Information Services surveyed fair-goers. The House poll in 2019 found that 56 percent supported legalization.
Mike Pence, Presidential Candidate Mike Pence’s Position on Marijuana
The post Minnesota Marijuana Expungement is ‘Underway,’ Officials Say after Legalization being Signed into Law first appeared on Marijuana Moment.
