Bipartisan bill would erase state marijuana offense records

American lives have been uprooted for simple marijuana offenses – penalties for an activity now legal for various purposes in 38 states. However, new legislation would provide the mechanism needed to help Americans solve low-level federal marijuana crimes.

Congressmen Troy A. Carter, Sr. (D-LA) and Rodney Davis (R-IL) introduced the Marijuana Misdemeanor Expungement Act — bipartisan legislation that provides a way to erase state marijuana offense violations at lower levels level would create.

According to a July 29 press release, the federal system would “provide an expedited, orderly process that would clean up the list of non-criminal marijuana felonies.”

Weldon Angelos, President of the Weldon Project, testified on behalf of federal decriminalization of cannabis and defended Americans suffering from criminal history at a July 26 meeting of the Senate Judiciary Committee. His full statement can be read here. He supported and helped pass the Marijuana Misdemeanor Expungement Act.

Angelos explained how federal misdemeanor charges can have the same bottom line as a felony when it comes to how records affect individuals.

“One thing about the federal system is that there is absolutely no way you can erase a record, so basically a misdemeanor in the federal system works like a felony because it stays on your records forever — unlike most of the 50 states who have some sort of mechanism to openly wipe out low possession of cannabis,” Angelos told the High Times. “The federal system has nothing. So it stays on your record for life.”

Other similar bills were introduced, but Angelos explained how the bills could potentially work together. Last December, Congressman Dave Joyce (OH-14), co-chair of the House Cannabis Caucus, and Congresswoman Alexandria Ocasio-Cortez (NY-14) introduced the Harnessing Opportunities by Pursuing Expungement (HOPE) Act. This bipartisan bill aims to help states eliminate cannabis crimes by reducing the financial and administrative burden of such efforts through federal grants.

“Me and Professor [Erik] Luna came up with the idea because Congress can’t pass anything comprehensive at the moment,” says Angelos. “So we tried to find something that Republicans would agree with, and that would still be some kind of progression and something that Democrats could also align with — something like the HOPE Act or the SAFE banking– Law. So that we can achieve something this year, and that’s really the idea.”

“I would like to thank the co-sponsors for introducing this important legislation that provides a coherent, efficient and equitable approach to marijuana elimination – all without compromising public safety,” said Professor Erik Luna, who chairs the Academy for Justice at Sandra founded Day O’Connor College of Law at Arizona State University.

Angelos explained that federal offenses hit him personally.

“I know three people — personally — who have been charged with federal marijuana-related offenses. And that’s from 2003 or so, and it still shows up when they do background checks.”

“Today it still influences her.”

Congressmen Carter and Davis welcomed the bill as co-sponsors. “I am proud to introduce the Marijuana Misdemeanor Expungement Act, bipartisan legislation that will restore justice to millions of Americans who have suffered excessive collateral consequences related to marijuana-related offenses,” Congressman Carter said. “These offenses — even without a conviction — can limit people’s ability to access educational assistance, housing benefits, work permits, and even foster parenting.” Bringing justice to our citizens affected by marijuana-related offenses is a key component of comprehensive cannabis reform.”

“With so many states, such as Illinois, that have long legalized marijuana for adult use, we need to ensure our criminal justice system keeps up so that those committing minor offenses related to its use are not prevented from consuming marijuana get jobs and participate in society,” Congressman Davis said.

Additionally, broad-based federal cannabis decriminalization bills are making their way through the legislative process. Last April, the House of Representatives passed the MORE Act introduced by Rep. Jerry Nadler (DN.Y.), but the bill faces an uncertain future in the Senate. The House of Representatives also recently passed the SAFE Banking Act to allow legal cannabis businesses to use banking services.