Over the last half-decade, millions of Americans have seen their marijuana-related convictions expunged by state courts, according to a new report from the National Organization for the Reform of Marijuana Laws (NORML).

The findings highlight a byproduct of the legalization of recreational cannabis for adults, as states that have ended prohibition have also included a path toward pardons and expungements for those who have previously been busted for marijuana. Additionally, President Joe Biden issued pardons in 2022 to individuals with low-level federal marijuana convictions.

NORML’s report, based on publicly available information, revealed that “state and local courts have taken action on an estimated 2.3 million marijuana-related cases” since 2018. According to the report, the states “that have been most active in providing relief to those with past convictions include California, Illinois, Missouri, New Jersey, New York, and Virginia –– all states that have legalized recreational cannabis for adults. 

NORML said that it “estimates that state and local police have made more than 29 million marijuana-related arrests since 1965,” and that among those who were arrested, “some 90 percent were charged with low-level cannabis possession offenses.”

“Hundreds of thousands of Americans unduly carry the burden and stigma of a past conviction for behavior that most Americans, and a growing number of states, no longer consider to be a crime,” NORML’s Deputy Director Paul Armentano said in a statement on the report. “Our sense of justice and our principles of fairness demand that public officials and the courts move swiftly to right the past wrongs of cannabis prohibition and criminalization.”

NORML’s report details a number of examples of state governors and local officials issuing pardons for low-level pot convictions, including in Illinois, where Democratic Gov. J.B. Pritzker issued 11,017 pardons to those with low-level marijuana convictions in 2019.

In the report, NORML also breaks down the differences between pardons and expungements.

“While pardons provide a level of forgiveness for past crimes, these are not the same as expungements – which seal past convictions from public view. To facilitate the latter, lawmakers in many states in recent years have enacted laws providing explicit pathways to expunge the records of those with low-level marijuana convictions. In some cases, those eligible for expungement relief are not required to take any action. Instead, state officials automatically review past records and notify those who meet the state’s criteria for expungement. In other cases, state law requires those seeking to have their records expunged to petition the courts in order to have their records reviewed and vacated,” the report said. “Predictably, states that have automated the review and expungement process have seen a massive uptick in the processing of marijuana-related expungements.”

Despite all the sweeping reforms at the state and local level, cannabis remains prohibited under federal law. But Biden’s actions were significant, affecting around 6,500 United States citizens.

“As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana.  Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities.  And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates,” Biden said in 2022 after issuing the pardons. 

In addition to the pardons, Biden also urged “all Governors to do the same with regard to state offenses.”  

“Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either,” the president said, adding that he had asked “the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.”

“Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances.  This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic,” he said.

A year later, President Biden issued a second pardon proclamation that “will pardon additional offenses of simple possession and use of marijuana under federal and D.C. law.” 

“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana.  It’s time that we right these wrongs,” Biden said in 2023. “Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either. That’s why I continue to urge Governors to do the same with regard to state offenses and applaud those who have since taken action.”

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Cleveland, Ohio is speeding up the process to expunge records for low-level, misdemeanor cannabis convictions after a state bill unlocked the mayor’s power to do so. 

Cleveland Mayor Justin Bibb, who won office at age 34 as the city’s first millennial mayor, is once again connecting with his constituents and giving them what they asked for—cannabis expungements.

“I talked to so many residents who couldn’t get a job, who couldn’t get access to a student loan, who couldn’t get access to qualify for housing because they had collateral sanctions on their record, many of which stem from low-level marijuana convictions,” Bibb said.

Grants to cover filing fees and expungement clinics are rolling out to make expungements possible. “We knew we were going to face some uphill battles in the legal system,” he said.

Bibb also advocated for Senate Bill 288, which was signed into law by Ohio Gov. Mike DeWine last January. The bill helps enable the city of Cleveland to provide expungements by removing barriers that previously hindered Bibb’s attempts to expunge records even earlier.  

“We try to fight on behalf of our residents,” Bibb said.

Now that SB 288 was approved, Bibb and the city are free to take further action. The Bibb administration is working to notify eligible people with cannabis conviction records. After that, the city will file motions on behalf of those people using a $10,000 grant to help pay for filing fees related to expungement and the sealing of records. The city is working with organizations to host expungement clinics where people can file and close their cases, without going to court. 

“So now cities and counties now have legal standing to expunge those minor marijuana misdemeanors all across the state of Ohio,” Bibb said.

Spectrum News 1 reports that Bibb’s actions were applauded by the National Organization for the Reform of Marijuana Laws (NORML). “During college, I got a firsthand look at the justice system after being arrested for simple possession,” said NORML Program Director Morgan Fox.

“I would see the people that were there that had the exact same charges me with the exact same legal history as me, but who did not look like me getting significantly larger sentences, whether it be larger fines, longer probation or in some cases even jail time, just for very simple possession of cannabis.”

Bibb’s proactive measures are an example other leaders could follow.

“I think Mayor Bibb has ever shown fantastic leadership on this issue,” Fox said. “And, you know, from a national perspective, I wish there were a lot more people like him that were leading the way on starting these programs that directly affect the communities that they have been elected to lead.”

According to the Bibb administration, 838 people have received expungements after his office coordinated with the Biden administration. The mayor announced that he had assisted with over 4,000 court cases on April 4, with the goal to seal those records. “We will continue to spread the message that the City of Cleveland stands ready to help our citizens make positive steps forward in their lives,” Mayor Bibb said at the time. 

The idea is to make the process simpler. “We understand that citizens don’t always want to engage in the criminal justice system, it’s not always user friendly. And sometimes it’s really hard for citizens to get access,” said Chief Prosecutor Aqueelah Jordan. “We can, as a city, do this on behalf of these residents who have been negatively impacted by historical inequities.” 

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Missouri has a new billion-dollar industry. 

Cumulative sales for marijuana reportedly topped that lofty threshold in the Show Me State earlier this month, just three months after the adult-use marijuana market launched there, and nearly three years after medical cannabis was made legal in Missouri.

Local news station KOMU reports that “Missouri surpassed $1 billion in legal cannabis sales on May 2,” an impressive milestone driven by strong recreational pot sales.

According to the station, in the three months since the state’s recreational cannabis market launched on February 3, “Missouri has sold $350.2 million, including $256.2 million of adult-use cannabis and $94 million in medical marijuana.”

Medical cannabis sales in Missouri began in October of 2020.

“For comparison, Illinois, which has twice Missouri’s population, sold a total of $188.1 million in the first three months of adult use sales in January through March 2020,” the station reported.

The early returns were promising after the state’s recreational cannabis industry launched in early February. 

In that first month, Missouri dispensaries raked in more than $100 million in marijuana sales, with $72 million coming from recreational cannabis sales and $31 million coming from medical cannabis.

Andrew Mullins, executive director of the Missouri Cannabis Trade Association (MOCann), said that the opening month of regulated sales of adult-use cannabis in the state eclipsed the launch of recreational pot sales in neighboring Illinois in 2020.

“That’s more than double what Illinois did in a state with twice the population,” Andrew Mullins, the executive director of the Missouri Cannabis Trade Association, said at the time. “So it really shows the interest and excitement for the new adult-use industry in Missouri.”

“Canna-tourism folks that may decide to come to Missouri to access and utilize cannabis,” Mullins added. “That seems to also be having an impact on the amount of sales that Missouri’s experiencing.”

Mullins sang a similar tune in comments to KOMU this week.

“Missouri’s newest billion-dollar industry is experiencing significant job growth, providing great products and services to Missourians, and becoming an integral part to the local economy throughout the state,” Mullins said, as quoted by the news station. “Missouri has avoided so many of the early hiccups that other states have experienced transitioning from a medical cannabis program focusing on quality, affordability, access and selection. Missouri’s cannabis program could not have gotten off to a better start. A sincere thank you to all the patients, customers, and small business owners that helped Missouri reach this impressive milestone.” 

Voters in Missouri last year approved Amendment 3, which legalized recreational cannabis for adults aged 21 and older in the state.

The amendment passed by a vote of 53% to 47%.

According to KOMU, the state “has now surpassed 14,800 direct jobs in the [cannabis] industry, and early indications are that these jobs pay higher than cannabis jobs in many other states.”

The new law has also resulted in the expungement of thousands of prior pot-related convictions in the state. 

The Riverfront Times reported in March that the “majority of expunged convictions so far [were] misdemeanors.” At that time, the paper reported, courts in the state had “granted 6,121 expungements for misdemeanors related to nonviolent cannabis offenses that did not involve selling to minors or driving under the influence of cannabis,” while more than 1,200 “felony convictions have also been expunged.”

Local news station FOX4 reports that, as of this week, “more than 31,000 past marijuana convictions have been expunged.”

“Part of the 6% sales tax buyers pay on adult use marijuana sales funds automatic expungements. The state believes the number of expunged cases will increase quickly in coming months,” the station reports.

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