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Expungement of cannabis convictions getting easier with new law

Posted at 6:24 PM, Jul 06, 2023
and last updated 2023-07-06 18:24:31-04

BALTIMORE — With legal recreational cannabis, lawmakers thought it was important to look back at those who were punished when marijuana was criminalized.

The expungement process for marijuana related charges is getting easier.

"The new laws allow for individuals, for example, serving a sentence just for cannabis, so I say that means when marijuana is the only charge it allows them to be re-sentenced," said Natasha Dartigue, a public defender.

The charge has to be something that is currently legal, so if you were caught with more than an ounce and a half of weed, the new legal limit, your charge is less likely to be expunged.

The law also drops the cost of certain fines - like ones for smoking weed in public.

"So we reduced down the fines from the original bill, which had fines at $250 we reduced that down to $50 and subsequent fines were $500, and we reduced that down to $150," said Delegate Charlotte Crutchfield, a Democrat from Montgomery County.

Another portion of the law stops cops from searching cars only for the smell of marijuana. Lawmakers said this is a direct result of the higher likelihood of Black people being stopped compared to white people.

According to the American Civil Liberties Union, it's two times more likely a Black person is arrested with a cannabis related charge.

"The criminalization of cannabis has disproportionately impacted Black and brown Marylanders," said Dartigue.

The public defenders office says to comply with officers who might be breaking the no search based off scent law and fight your battle in court.

As for the expungement process, they suggest getting in touch with their office, or your lawyer's to get the process started now.

The law goes into effect on October 1.