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Missouri Lawmakers Approve Marijuana Expungement Bill For Medical Cannabis Patients

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Medical marijuana patients in Missouri got one step closer to being able to have prior misdemeanor cannabis offenses expunged from their criminal records on Thursday.

A bill providing for certain expungements, introduced by Rep. Ron Hicks (R), was approved by the House Special Committee on Criminal Justice in a 7-2 vote.

“I’m ecstatic over it. I think it’s great,” Hicks told Marijuana Moment in a phone interview. “I love the fact that that committee sees the need for Missouri citizens to be able to move forward in their lives. Put something behind them—finally, truly behind them.”

Last November, the state’s voters overwhelmingly approved a ballot measure to allow medical cannabis. The new bill is aimed at clearing criminal records of past behavior that is now legal for certified patients in the state.

The legislation stipulates that the Department of Health and Senior Services must petition the courts for the expungement of “any marijuana-related misdemeanor offenses or municipal violations” that occurred before an individual obtained a medical cannabis card, according to a bill summary.

“Upon granting the order of expungement, the records and files maintained in any court proceeding in an associate or circuit division of the circuit court or in municipal court shall be confidential and only available to the parties or by order of the court for good cause shown. The effect of such order shall be to restore such individual to the status he or she occupied prior to such arrest, plea, or conviction and as if such event had never taken place.”

Hicks said that he has “support from both sides of the aisle in the House” and suspects that the Senate is inclined to approve it, too.

“We need this,” he said. “Our state needs this.”

Advocates believe that Gov. Mike Parson (R) is likely to sign such legislation.

The Columbia Tribune reported last month that he “supports expunging possession convictions for medical marijuana patients.”

“I think we ought to look at that issue,” the governor told the newspaper. “If you’ve got people that happen to be in jail or prison for something that was illegal two months ago and today it’s not, that’s a discussion to have.”

A spokesperson for his office told The Kansas City Star that the governor is “open to proposals and [an expungement law] is something he would consider.” However, “he still needs to see the final proposals as they make their way through the legislative process.”

If the bill is ultimately signed, residents will still have to wait until at least July 4 before the expungement process gets underway. That’s when patients can officially apply for medical marijuana identification cards under the state’s new program.

Rep. Barbara Washington (D) introduced a broader expungement bill this session, with her version requiring courts to expunge the criminal records of any individual—not just approved medical patients—who was convicted of possessing 35 grams of marijuana or less.

Hicks’s legislation is likely to next head to the House Rules Committee and then to the floor within the next couple of weeks.

In the meantime, lawmakers are already pressing ahead with plans to legalize cannabis for adult use in Missouri. The legislation under consideration wouldn’t allow for commercial sales, however.

Missouri Lawmaker Moves To Block Feds From Getting Medical Marijuana Patient Info

Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Cory Booker Endorses Bill To Legalize Marijuana In New Jersey

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Efforts to legalize marijuana in New Jersey received a high-profile endorsement on Friday, with U.S. Sen. Cory Booker (D-NJ) voicing support for the bill in a statement.

The senator, who is a 2020 Democratic presidential candidate and also sponsored congressional legislation to end federal cannabis prohibition, is the latest in a growing list of political leaders who’ve advocated for the bill, which was approved by state Senate and Assembly committees earlier this week and is expected to receive floor votes in both chambers on Monday.

“New Jersey is the first state in the country to couple decriminalizing marijuana with strong criminal justice reform measures to redress the decades of immense harm inflicted by an unfair system,” Booker said. “All too often, communities of color and low-income individuals are unjustly impacted by our broken drug policies, but by including measures to expunge records and reinvest in the communities most impacted, our state has the opportunity to lead in prioritizing social justice.”

The bill’s focus on social equity provisions has been critical in shoring up support as the legislature gets closer to a vote. Gov. Phil Murphy (D) has been putting out calls to advocates and lawmakers to get the legislation advanced, which would fulfill a campaign promise of his.

“With this bill, New Jersey legislators can send a strong message to the country that marijuana legalization and social justice must be inextricably linked,” Booker said. “I’m hopeful our state will succeed in setting this example.”

It’s been a complicated process to form a coalition united around passing legalization in New Jersey. Disagreements between the governor and lawmakers about certain aspects of the bill such as tax rates and regulatory structures were finally resolved earlier this month when a compromise was reached. And amendments to expand expungement provisions gave the mayors of the state’s two largest cities proper assurance to back the legislation.

That said, Newark Mayor Ras Baraka (D) and Jersey City Mayor Steven Fulop (D) continue to push for automatic expungements, as opposed to virtual expungements. Murphy said that automatic expungements is not a feasible policy.

“Now more than ever, we must work together,” the mayors said in a statement on Friday. “Again, we stand in unison in support of this legislation that could potentially become New Jersey’s law. We should aim to become a model state from which other states can clearly follow. We should address these issues in a manner that protects our communities and the people that live here.”

On Thursday, the governor’s office also released a list of quotes from lawmakers, activists and spiritual leaders voicing support for the legalization legislation.

“If we have learned anything at all, it is that the status quo has been disproportionately unfair to minority communities,” Assembly Speaker Craig Coughlin (D) said. “This bill is a step in the right direction to correct that inequality.”

Senate President Steve Sweeney (D) agreed, saying the legalization bill will “advance social justice, legal justice and economic justice in meaningful ways.”

“This is an opportunity for continued progress as we strive for a society that respects the rights of everyone,” he said.

Whether the legislation will be approved is yet to be seen. NJ.com is keeping track of where lawmakers currently stand on the bill, and as of Friday afternoon their online whip count shows that a majority in the Senate plan to vote against it, while votes allocated so far in the Assembly are roughly even.

New Jersey Lawmakers Approve Marijuana Legalization Bill

Photo courtesy of Jamelle Bouie.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Connecticut Lawmakers Hold Two Simultaneous Hearings On Marijuana Legalization Bills

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Two Connecticut committees held hearings on bills to legalize marijuana and expand the state’s medical cannabis program on Friday.

The proposed legislation would permit adults 21 and older to possess, purchase and consume certain amounts of marijuana for personal use. The House bill also includes a number of social equity provisions that are meant to encourage people from communities that were disproportionately impacted by prohibition to participate in the legal industry.

While reform advocates generally support the bills, they’ve also made a series of recommendation to increase the focus on restorative justice and to include policies such as allowing home cultivation.

In the legislature’s General Law Committee, witnesses including a commissioner for the state’s medical cannabis program and social equity advocates testified about HB 7371. That bill would establish a governor-appointed commission to regulate the industry, give licensing priority to individuals from communities most impacted by the drug war and require the commission to conduct a study on permitting a home grow option and microbusinesses.

“The time has come to move this forward. We think this is a fantastic start [and] there is definitely some amazing language in here,” Jason Ortiz, president of Connecticut United for Reform and Equity (CURE), said at the hearing. “There’s just some other pieces that we think undermine the really good parts that we can strike out and maybe amend and move the basic ideas forward.”

Advocates want to change the legislation so that home cultivation and microbusinesses are allowed from the outset, for example.

“Marijuana prohibition was borne of misinformation and racism and it continues to be enforced unequally to this day,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), testified.

Over in the Judiciary Committee, experts dedicated significant time to testimony about the public health and safety impacts of cannabis legalization. Lawmakers pressed the witnesses on issues such as labeling requirements, what kinds of edibles should be allowed, impaired driving and the mental health affects of consuming high-THC marijuana varieties.

The bill before that panel, SB 1085, would also legalize cannabis for adult use. But the legislation has a focus on expungements for individuals with prior marijuana convictions for possession of 1.5 ounces or less.

As with the House bill, advocates are supportive of the spirit of the legislation but feel certain provisions fall short. For example, MPP said that expungements should apply to convictions for any kind of cannabis conviction. The organization also called for a home grow option, which is not included in either legalization bill under consideration.

Two other pieces of cannabis legislation were discussed at the Judiciary committee hearing. One would create a misdemeanor penalty for driving while consuming marijuana and provide $500,000 in funding for law enforcement to train officers as drug recognition experts. The other bill specifies that employers don’t have to provide special accommodations for employees who use cannabis while working.

As one of the states considered most likely to legalize cannabis in 2019, the hearings offer another example of how the conversation around reform has shifted from “should it be legal” to “how should it be legal,” with the hearings largely concentrated on defining and promoting social equity provisions.

If either bill makes it through the legislature, Gov. Ned Lamont (D) is expected to sign.

He’s called the issue one of his “priorities” for the current legislative session and spoke about the issue during a budget speech last month.

Committee votes are expected on Monday.

Military Veterans Organizations Press Congress On Medical Marijuana Research

Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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GOP Lawmakers Want Marijuana Banking Vote Delayed In Congress

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A key congressional committee is scheduled to vote on far-reaching legislation that would expand marijuana businesses’ ability to store their profits in banks on Tuesday.

But key Republican lawmakers on the panel are now asking Chairwoman Maxine Waters (D-CA) to delay the vote.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Read the full letter seeking a delay in the marijuana banking vote below:

GOP seeks delay on marijuan… by on Scribd

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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