New Bipartisan Bill Proposes Expungement For Federal Cannabis Misdemeanor Offenses

In a re-run of a bill that didn’t make it through Congress two years ago, Congressman Troy A. Carter, Sr. (D-LA) and Congressman Kelly Armstrong (R-ND) have re-introduced the bipartisan Marijuana Misdemeanor Expungement Act.

“No one should be in jail just for using or possessing marijuana. This bipartisan bill will restore justice to millions of Americans who have suffered excessive secondary consequences associated with marijuana-related misdemeanors,” stated Rep. Carter. He emphasized that these misdemeanors, even without a conviction, can significantly impact individuals’ lives, restricting access to educational aid, housing assistance, occupational licensing and even foster parenting.

Addressing The Impact

The bill arrives at a time when 38 states, three territories, and the District of Columbia have legal medical or recreational cannabis laws (or both). Despite these legal changes at the state level, federal misdemeanors for cannabis continue to affect many Americans, even if they were already pardoned, which has happened both at federal and state levels in places such as Massachusetts and Maryland.

"Records matter and carrying a low-level non-criminal petty offense on a record could heavily impact a person's way of life from sustaining employment to applying to new opportunities," said Rep. Armstrong. He highlighted that the act aims to give non-violent petty marijuana offenders a second chance after their sentences are complete, removing barriers to reentry and promoting a more equitable society.

Recent Developments And Support

The introduction of this bill follows President Biden’s pardons given in 2022 and 2023 and efforts in 2024 to reclassify marijuana from a Schedule I to a Schedule III drug under federal law. This reclassification, recommended by the Department of Health and Human Services (HHS) and the Department of Justice (DOJ), aims to remove barriers to critical research by acknowledging the medical use and reduced abuse potential of marijuana.

“While thousands of individuals with federal simple marijuana possession charges were pardoned by President Biden, the unfortunate reality is that those records still follow them even after that historic act of clemency,” said Weldon Angelos, founder and president of the Weldon Project. “But Congress has the authority to provide the expungements necessary to wipe the slate clean and provide a true second chance.”

Read Next: ‘My Criminality Still Stands,’ Pot Prisoner Speaks Out Amid Booming Legal Weed Sales And Biden’s ‘No One Should Be In Jail’ Refrain

Learning From The Past

The “Marijuana Misdemeanor Expungement Act” is a re-run of its analogous predecessor H.R. 8557. Even if they are not the same, both bills address the lasting effects of marijuana-related misdemeanors on accessing education, housing and employment and aim to remove barriers that can affect the daily life of a person convicted for a misdemeanor that is almost no longer punished. The attempt to pass similar legislation in 2022 in the context of the pardons did not pass through Congress. The odds now might just have changed, as Biden has publicly recognized the burden this incoherence generates among pro-cannabis democrats.

Expert Opinions

Saphira Galoob, executive director of the National Cannabis Roundtable, applauded the bill. "With cannabis programs established in 38 states, it is beyond unjust that individuals with minor marijuana charges continue to be punished for these previous offenses for what is now legal activity in a majority of the country." Galoob emphasized the importance of cannabis-related criminal justice reform in addressing the harms caused by decades of the War on Drugs.

Professor Erik Luna of Arizona State University and founder of the Academy for Justice at ASU's Sandra Day O'Connor College of Law also praises the search for justice through cannabis expungements: “The goal is to create a method for expunging marijuana-related misdemeanors and other low-level offenses that is comprehensive, coherent, efficient, and just, all without threatening public safety.”

Summary Of The Marijuana Misdemeanor Expungement Act

Expungement Mechanism:

• Establishes a process to expunge low-level federal marijuana offenses.
• Allows individuals to petition for expungement of their records.

Notification and Appeal Process:

• Requires notification of expungement to affected agencies and individuals.
• Provides an appeal process for expungement orders.

Study and Support:

• Mandates a study to understand the demographics and impacts of expungements.
• Supports research and implementation efforts.

Pardon Referral:

• Allows courts to refer cases for presidential review for clemency.

• Read Next: Biden Champions Cannabis Reform And Pardon As Election Pressure Mounts, Marijuana Takes Center Stage

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