On May 7, Maine held a public hearing on a trio of bills that would clear criminal and civil records linked to marijuana. The hearing, which took place before the Legislature’s Judiciary Committee, heard testimony and people working in Maine’s developing industry. And as the state gets set to release the last version of its regulatory plan for this industry, Tuesday’s public hearings provided an opportunity to talk about the social justice aspects of Maine’s 2016 legalization of adult-use cannabis.
Advocates Demand Maine Clear Past Marijuana Convictions
In January, Maine lawmakers began building a couple of bills to expunge or seal past cannabis convictions. Those bills adopted divergent approaches toward the same goal. Richard Farnsworth’s (D-Orono) and Sen. James Dill’s (D-Portland) bills aimed to expunge all former non-violent misdemeanor cannabis possession convictions, as many states including California, Washington and Maryland and some significant municipalities such as Denver and Brooklyn have done. By contrast, Rep. Justin Fecteau (R-Augusta) and Rep. Rachel Talbot Ross (D-Portand) proposed sealing instead of expunging past convictions.
On Tuesday, Maine’s Judiciary Committee held the first public hearing on suggestions representing both approaches. And based on public opinion, advocates are excited for the state to adopt all or any of the bills under consideration.
Mark Barnett is one such advocate. Barnett is a business-owner who lives in Auburn Maine and works together with the Maine Craft Cannabis Association, a group of independent entrepreneurs and fans focused on nurturing Maine’s craft cannabis industry and encouraging sensible cannabis legislation. Speaking ahead of the Judiciary Committee, Barnett criticized Maine lawmakers have not made criminal record expungement a priority. “It is a shame that so much in the legislative process surrounding legalization in this state, this hasn’t been a significant focus of our elected representatives.
However, Barnett also praised the lawmakers working to change that, specifically Rep. Talbot-Ross, Sen. Dill and Rep. Fecteau. “I believe that this effort is much more important than clarifying individuals’ and business’ ability to profit from commercial cannabis and more important that solidifying the state’s ability to create tax earnings from such,” Barnett said, referring to the regulatory structure lawmakers are now drafting.
Clearing Past Marijuana Convictions Essential for Equitability
Others present at Tuesday’s Judiciary Committee hearing on clearing past marijuana convictions spoke to redress the injuries of criminalizing marijuana. Residents and those affected by marijuana prohibition described criminalization as a tool of oppression, discrimination, for-profit incarceration, profiteering and racial injustice. They spoke about how failure to execute some kind of expungement or record-sealing process would salt the wounds of those still living with the lingering consequences of imprisonment, fines, social stigma, employment problems and lost chances.
“We owe it to our citizens to free them of the burdens of an unjust legal paradigm,” Barnett told lawmakers. “Let us do whatever we can to restore the freedoms and rights they need to enjoy. ”
Expungement or Sealing? Maine Lawmakers Will Decide
Up for discussion at Tuesday’s hearing were three invoices, LD 991, LD 1113 and LD 846. LD 846, sponsored by Rep. Talbot-Ross, would open up a process for sealing the records of marijuana-related convictions for offenses which are no longer crimes. The bill would ensure that records of prior convictions are made confidential and would prohibit their dissemination. It would also require state officials to submit a progress report detailing how many documents were sealed.
Taking one step further, Sen. Dill’s LD 991 would necessitate Maine’s Department of Public Safety to fully expunge all documents associated with criminal convictions and civil offenses for any marijuana-related activities which are now legal under the state’s 2016 adult-use law. LD 991 would give the department until July 1, 2020 to expunge all records.
LD 991 would also make it possible for those who have prior convictions to petition for expungement. A third bill, LD 1113, sponsored by Rep. Fecteau, would set up a board to establish and monitor that process. However, it would also seal criminal history record information associated with marijuana, making the information confidential.
The post Maine Holds Public Hearing on Bills to Clear Marijuana Convictions appeared first on High Times.
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