In a landmark move towards justice and equity, a bipartisan pair of lawmakers have introduced a bill in the U.S. House of Representatives aimed at expunging federal convictions for low-level marijuana crimes. The Marijuana Misdemeanor Expungement Act, championed by Democratic Rep. Troy A. Carter, Sr. from Louisiana and Republican Rep. Kelly Armstrong from North Dakota, seeks to clear non-felony cannabis offenses from federal records, providing a fresh start for many Americans.
A Step Towards Justice
The bipartisan bill aims to restore justice to millions of Americans affected by marijuana-related misdemeanors. These convictions can hinder access to educational aid, housing assistance, occupational licensing, and foster parenting. By expunging these records, the bill seeks to remove these barriers and support a more equitable society.
Continued Federal Reforms
The introduction of this bill aligns with ongoing federal efforts to reform marijuana policy. In October 2022, President Biden issued an executive order pardoning thousands of past federal marijuana possession convictions. This was further expanded in December 2023 to include more minor violations under federal and Washington, D.C. marijuana laws. However, these pardons did not erase the federal records, prompting the reintroduction of the expungement bill.
The Biden administration is also working on reclassifying marijuana under federal drug laws. In August 2023, the U.S. Department of Health and Human Services recommended rescheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act. This recommendation, based on a review of the medicinal use of cannabis, marks a significant shift in federal policy.
State-Level Progress
Federal reforms are catching up with nearly three decades of state-level progress. To date, 24 states have legalized recreational marijuana, while 38 states allow for medicinal use. This state-level momentum underscores the importance of federal reforms to address past injustices related to marijuana convictions.
The need for cannabis-related criminal justice reform at the federal level is underscored by the fact that individuals with minor marijuana charges continue to face consequences for what is now legal activity in many states.
Implementing Expungements
If passed, the Marijuana Misdemeanor Expungement Act would mandate the chief justice of the U.S. Supreme Court to create a process for expunging, sealing, and redacting criminal records for federal misdemeanor marijuana convictions. The chief justice would have one year to establish this process, with each federal judicial district given up to two years to conduct comprehensive reviews and issue expungements.
The bill would apply to cases of misdemeanor marijuana possession and non-commercial distribution, as well as other federal misdemeanors involving marijuana, including marijuana-related drug paraphernalia.
Towards Comprehensive Reform
While previous presidential pardons have been significant, expungement is seen as necessary for a true second chance. This bill represents a stride towards recognizing the legal status of cannabis in many states and moving towards ending prohibition. The Marijuana Misdemeanor Expungement Act offers hope to countless individuals whose lives have been disrupted by past marijuana convictions, aiming for a more just and equitable future in cannabis policy.
