Expungement

Denver's Turn Over a New Leaf Program Provides Assistance for Vacating Low-Level Marijuana Convictions

Denver, Colorado announced its Turn Over a New Leaf Program that vacates and seals low-level marijuana convictions that occurred in Denver. Denver created the program to address social injustices including the negative impact of marijuana convictions on a person’s life . Individuals convicted of marijuana charges for conduct that is now legal may file an online application to have the conviction vacated and charges dismissed. Individuals can request a waiver of the $65 court filing fee and $28 fee by the Colorado Bureau of Investigation. The Turn Over a New Leaf Program and the Marijuana Industry Group will cover fees that are not waived.

CALIFORNIA'S LEGISLATURE PRESENT 21 IMPORTANT CANNABIS BILLS TO GOV BROWN

In a flurry of activity, the California Legislature passed twenty-one cannabis bills in the last weeks prior to the end of the regular session on August 31st. The Legislature has presented Governor Jerry Brown with fifteen (15) bills for him to either sign or veto.  An additional six (6) bills will be presented to the governor following the engrossment process.

The scope of the bills passed by the California Legislature in the last couple of weeks of August has been monumental.  The bills address important and meaningful issues raised by constituents.  The highlights include the state driven expungement of marijuana convictions; compassionate care programs that permit the donation of cannabis products to individuals in need; the ban of cannabis in alcoholic beverages; the protection of personal data from the federal government; the expansion in industrial hemp cultivation; restricted provisioning of marijuana to animals;  equitable expansion of the cannabis industry; and the administration of cannabis on to children on schoolsites.

The following fifteen (15) bills were presented to the governor for his signature.  The links below provide the THCReg.com summary article and the final bill text.


The following six (6) bills are being enrolled and will be presented to the governor shortly. The links below provide the THCReg.com summary article and the final bill text.

DELAWARE ENACTS CANNABIS EXPUNGEMENT LAW

Governor John Carney signed legislation on August 29 that provides a mandatory expungement to all eligible persons who were convicted of a single offense for the possession, use or consumption of cannabis that occurred prior to December 18, 2015.  

The California Senate passed an expungement bill on August 22nd that requires the state to proactively identify individuals who are eligible, and to effect the expungement if not challenged by the prosecution.  More details are provided in the following link.  www.thcregs.com/blog/ca-senate-passes-expungement-bill

CA SENATE PASSES EXPUNGEMENT BILL

The California Senate passed the third reading of AB-1793: Cannabis convictions: resentencing by a vote of 28 yes to 10 no.  The bill requires the state to proactively identify convictions that are eligible for expungement by July 1, 2019, and for the courts to automatically reduce or dismiss convictions if they are not challenged by the state prosecution by July 1, 2020. The prosecution can challenge the resentencing, dismissal and sealing, or redesignation if the person does not meet the eligibility requirements or presents an unreasonable risk to public safety.