Connecticut has overturned more than 43,000 cannabis convictions

As Connecticut residents queued Tuesday to shop at the state’s first legal weed stores, thousands of low-level cannabis convictions were cleared.

Ahead of Tuesday’s start of legal sales, Connecticut erased thousands of cannabis records and opened an online portal for more residents to request their records be sealed. On Jan. 1, Gov. Ned Lamont (D) announced that the Clean Slate Acts would officially erase low-level cannabis convictions for nearly 43,000 residents.

As of this morning, our administration has marked 42,964 cannabis convictions as cleared as planned.

It’s a step forward to ending the war on drugs and giving our citizens a second chance to achieve their dreams. https://t.co/AGJrzWzCCa

— Governor Ned Lamont (@GovNedLamont) January 1, 2023

Connecticut’s legal cannabis sales began Tuesday (January 10), a year and a half after Gov. Lamont enacted SB 1201. The bill outlined how the adult-use cannabis industry would function in Connecticut, including provisions for industry equality and obligations to delete cannabis records, known as the clean slate system, which is expected to expand further in 2023.
In the meantime, Connecticutians can check their eligibility for deletion and learn more about what to expect here.

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What are the Clean Slate Laws?

Connecticut’s recreational cannabis legislation went into effect on July 1, 2021 with legal personal possession of cannabis – it took another 1.5 years before adult sales began. Some of the provisions of SB 1201 include establishing a social justice council for the state, awarding half of industry licenses to equally qualified applicants, and requiring that petty cannabis convictions such as possession of small amounts of cannabis and paraphernalia be eliminated.

The Clean Slate Laws describe how Residents can verify their eligibility for deletion, request deletion if not automatically deleted, and maintain an automated system. The Connecticut State Government website now hosts a Clean Slate module.

How will the erasure process work in Connecticut?

Automatic deletions for convictions include convictions for possession of less than four ounces of cannabis occurred between January 1, 2000 and September 30, 2015; Individuals with these records do not need to take legal action to qualify for deletion. Additional convictions may be vacated upon a motion by the Superior Court. These include:

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• Convictions for possession of less than or equal to four ounces of any cannabis or cannabis-derived substance before January 1, 2000 and between October 1, 2015 and June 30, 2021.
• Convictions for possession offenses with intent to use drug paraphernalia for cannabis imposed before July 1, 2021.
• Convictions for violations prior to July 1, 2021 for making, selling, possessing with intent to sell, or giving/administering to another person cannabis or a cannabis-derived substance in an amount less than four ounces or six plants consumed in the home grown by a person for personal use.

“Especially as Connecticut employers are trying to fill hundreds of thousands of positions, an old low-level cannabis possession conviction should not deter someone from pursuing their career, housing, job and educational goals,” Gov. Lamont said in a press release release.

Record deletions are just the beginning

Record deletion has become common in states where cannabis has been newly legalized. A report from the Connecticut Center for Economic Analysis estimates that legal weed could help boost the state’s GDP by $1 billion over the next five years. How the state handles and supports its equity investors determines who benefits from the proceeds from legal sales.

“Deletion is great, but now you’ve got this business going. I think Connecticut, like many of the early states that legalized cannabis, will see that the people most harmed by the illegal cannabis regime will not be the beneficiaries of the business aspect of legalization… we hope to work with them Government to provide the technical support social justice, cannabis entrepreneurs and corporations need to be as successful as possible.”

dr Fred McKinney, founder of business firm BJM Solutions and member of the Alliance for Cannabis Equity

How does CT’s social justice provisions, especially extinction, compare to other recently legalized states like NY, NJ, MA?

Legal cannabis began in the American West, but the East Coast has incorporated equity and social justice measures into its cannabis legislation, rather than addressing them as an afterthought. Even in legal states, those with prior non-violent cannabis convictions still face stigma and discrimination when it comes to housing, employment, government assistance, and even child custody.

When former New York Gov. Cuomo (D) signed the Marijuana Regulation and Taxation Act into law in spring 2021, it included clauses for automatic deletions. Prior to 2019, there was no formal cancellation process in New York. The following convictions have been or will be automatically overturned with no action required:

• Convictions for possession of up to 16 ounces or sale of up to 25 grams of cannabis
• Unlawful possession of first and/or second degree marijuana
• Third and/or fourth degree criminal possession of marijuana
• Fifth degree criminal sale of marijuana
• Personal cultivation and home ownership of cannabis
• Unlawful sale of cannabis

Certain cases involving hashish and/or cannabis concentrates also qualify:

• Loitering in the first degree
• Fifth or seventh degree criminal possession of a controlled substance

New Yorkers can see if they qualify for a takedown request here. According to the Gothamist, New York has deleted at least 400,000 records since the laws went into effect.

New Jersey also included cancellation clauses when legalizing cannabis, which were performed by an automated system. However, these are limited to low-level offenses of:

• Distribution of marijuana under 1 ounce or hashish under 5 grams.
• Possession of more than 50 grams of marijuana or more than 5 grams of hash.
• Possession of 50 grams or less of marijuana or 5 grams or less of hash.
• Possession of drug paraphernalia and being under the influence of a controlled substance are also removed when related to cannabis

Gothamist reported that New Jersey has over 360,000 deletes.

While Massachusetts legalized cannabis back in 2016, they have not created or included provisions for automatic deletion. Beneficiaries may request that their records be sealed or erased through a state court.