As of December 8, Missouri residents can legally possess and consume recreational cannabis. But even though the law has changed, the process of expunging cannabis offenses remains complicated.
The Expungement Provision
Missourians 21 or older can now legally purchase and possess up to three ounces of cannabis and grow up to six cannabis plants. The day that the legalization of recreational cannabis use took effect was the same day Missouri’s constitution put it upon courts to expunge cannabis-related offenses for people on probation or parole. Convictions eligible for expungement include possession and selling three pounds or less of cannabis, distribution to a minor, and barring the exceptions of DUIs.
Cannabis legalization, which appeared on the ballot as Amendment 3, was favored by voters due to the automatic expungement that would come with it taking effect. The expungement provision means there would be no need for individuals who served their sentences to petition the court and go through a hearing to expunge those charges from their records. While this might seem like a step forward, the expungement process is complicated, and the language used in the constitution can easily cause confusion.
The Issue with Missouri’s Expungement Process
The way Amendment 3, which includes the marijuana expungement provision, is written does not take into consideration how people are charged with marijuana-related charges in the state. Misdemeanor charges are under 35 grams or less, which is under three pounds, making them easy to expunge. However, anything above 35 grams is classified as a felony which can involve possession or selling of cannabis less or more than three pounds. Other types of drugs are also grouped into felony charges.
The expungement process will require records to be manually pulled up by clerks to determine if the offender is eligible and IT contractors to navigate digitized records. The courts would need a supplemental budget of $2.5 million to pay for the extra costs. The due dates specified in Amendment 3 for courts to get the expungements done make the process impractical, especially while they await approval of the supplemental budget.
Critics argue that the provision was worded to cause confusion and delay intentionally. Other states that have started with marijuana expungements, such as Oregon and Connecticut, have processes that are easy to understand and follow.
Senate Bill 420 made marijuana expungement in Oregon easy when it took effect in Jan 2020. An individual who is eligible for expungement simply has to sign the motion and have the accompanying affidavit notarized. The district attorney then has 30 days to reject the petition; if it is not dismissed within that period, the courts grant the individual the expungement.
Connecticut Governor Ned Lamont recently announced the pardon of over 40,000 low-level cannabis convictions in the state by January 2023. The state has invested $5 million into implementing information technology upgrades. These will simplify the expungement process by providing automated erasure of eligible criminal records.
The expungement provision in Amendment 3 has undoubtedly made the process more complicated than it needs to be and has put a considerable burden on the court. In contrast, other states have proved that there are more accessible and faster ways to clear people’s records. This begs the question of whether the complication was intentional.
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