Louisiana Senate Approves Marijuana Expungements Bill, Sending It To Governor

June 6, 2023 · marijuanamoment.net

The Louisiana Senate has approved a bill to streamline expungements for people with first-time marijuana possession convictions, sending it to the governor’s desk.

The House first cleared the legislation from Rep. Delisha Boyd (D) last month, and it then moved through committee in the Senate before passing on the floor in a 32-7 vote on Monday.

The measure makes it so people who are convicted of possessing up to 14 grams of cannabis as a first offense can petition the courts to wipe their record after 90 days from the time of the conviction.

That would significantly speed up the timeline for relief, as current law maintains that people must wait at least five years before petitioning for expungement of certain records.

The bill was previously amended in a House committee to specify that eligible misdemeanor marijuana possession cases cannot involve more than 14 grams. An original provision was also removed that would have waived court processing fees for first-time cannabis expungements.

Now the measure sets a $300 cap on fees for the record clearing.

“The clerk shall immediately direct the collected processing fees provided…to the sheriff and the district attorney, and the processing fee amount shall be remitted immediately upon receipt in equal proportions to the office of the district attorney and the sheriff’s general fund,” the bill text says.

Further, the legislation includes a template for a motion to expunge that people can fill out and submit to the court of jurisdiction.

Kevin Caldwell, a legislative manager at the Marijuana Policy Project (MPP), told Marijuana Moment that the organization is “excited to see cannabis policy continue to move forward in Louisiana.”

“We are glad to see such strong bipartisan support for this legislation, even from organizations that have traditionally been opposed to cannabis policy reform,” he said. “The governor has voiced his support of an expungement bill before session and we look forward to him signing this critical piece of legislation.”

“Louisiana has one the most complex and expensive expungement processes in the nation. This legislation offers tens of thousands of Louisianans the opportunity to clear their criminal record and continue their lives in a fruitful and productive manner,” he added. “A single cannabis possession charge should not limit so many people for housing, employment, professional licenses and educational loan opportunities. Louisiana is proud to, once again, be at the forefront of legislative cannabis policy reform in the South.”

Seven in 10 Louisianans support legalizing recreational marijuana possession for adults—and nine in 10 back medical cannabis legalization—according to a survey released last week.

While marijuana legalization has stalled in the Louisiana legislature, lawmakers have taken several steps to reform cannabis laws and build on the state’s medical marijuana program in recent sessions.

For example, a bill recently cleared a House committee that would ensure that people remain eligible for unemployment benefits if they’re registered medical cannabis patients.

Legislators separately defeated a measure in committee that would have repealed a rarely used tax on illegal marijuana sales.

A Louisiana legislative task force approved rules late last year providing worker protections for medical cannabis patients.

Also, regulators last year decided to temporarily continue to allow doctors to issue medical marijuana recommendations via telemedicine.

Last session, Gov. John Bel Edwards (D) signed a slew of marijuana reform bills, including one key measure that would expand the number of medical dispensaries that can operate in the state and another to prevent police from searching people’s homes over the smell of cannabis.

While legalization has yet to be enacted in the Pelican State, Edwards did sign a bill in 2021 to decriminalize possession of up to 14 grams of cannabis by making it punishable by a $100 fine without jail time.

Edwards also signed a bill in 2021 to allow patients in the state’s medical cannabis program legally to smoke whole-plant marijuana flower.

The governor also previously said that he does think that Louisiana will inevitably legalize cannabis for adult use at some point, but he doesn’t believe it will happen before his term expires in 2024. (Full Story)

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