Monday, 1 October 2018

California: Governor Signs Legislation Expunging Past Marijuana Convictions

Democrat Gov. Jerry Brown has signed legislation, Assembly Bill 1793, facilitating the review and expungement of hundreds of thousands of past marijuana convictions.

The new law requires “the Department of Justice, before July 1, 2019, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA (the Adult Use Marijuana Act).” Prosecutors would have up to a year to either vacate the conviction or to reduce it from a felony to a misdemeanor.

An estimated half-million Californians are eligible for relief under the law. “Long after paying their debt to society, people shouldn’t continue to face the collateral consequences, like being denied a job or housing, because they have an outdated conviction on their records,” the bill’s sponsor, Assemblyman Rob Bonta, said.

Other states – including Delaware, Massachusetts, Maryland, Oregon, and Rhode Island – have enacted similar expungement laws following the passage of either marijuana decriminalization or legalization.

Governor Brown also took action on several other marijuana-related bills. Specifically, he vetoed Senate Bill 1127, which permitted certain students to access medicinal cannabis products on school grounds, and Assembly Bill 1996, which authorized the University of California’s Center for Medicinal Cannabis Research to cultivate marijuana for clinical trial research. The Governor also vetoed Senate Bill 829, which prohibited cultivation taxes from being imposed on medicinal cannabis designated for donation to patients with financial hardships, and signed into law Senate Bill 1294, which allocates grant funding to assist minority-owned businesses in the cannabis industry.

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