Ohio Lawmakers Approve Marijuana Bill That Creates A Process To Expunge Past Convictions

*“If you smoked a joint when you were 18, in 2002, in your 40s, you should
not have barriers to housing, or employment, or public services.”*

*By Jake Zuckerman, Signal Cleveland*

*This story was originally published by Signal Cleveland. Sign up for their
free newsletters at SignalCleveland.org/subscribe.*

Some of the tens of thousands of Ohioans dogged by dated marijuana
possession offenses could clear their names under new legislation passed by
the State House on Wednesday.

The bill would allow expungement, a legal process that erases prior
convictions from one’s record, which can impair housing and job
applications even years later. It only applies for crimes of possessing
less than 2.5 ounces of marijuana, which voters legalized in 2023.

The expungement provision passed within larger legislation on a bipartisan
87-8 vote that sets new rules on the sale of recreational marijuana and
so-called “intoxicating hemp” marijuana knockoffs.

*More than 16,000 possession arrests per year in Ohio*

For most of the 21st century, an average of 16,000 Ohioans would be
arrested each year (not necessarily convicted), according to FBI data. The
numbers began to fall in 2019, when Ohio first allowed for the medicinal
use of marijuana, followed by recreational use in 2023.

While President Joe Biden in 2022 issued a blanket pardon for federal
marijuana offenses, state level convictions have festered since then. The
House-passed bill paves the way to expungement for many of those with
convictions lingering on their records.

“If you smoked a joint when you were 18, in 2002, in your 40s, you should
not have barriers to housing, or employment, or public services, because
you got in trouble when you were 18 for something that is completely
legal,” said Rep. Dani Isaacsohn, the ranking House Democrat, in a floor
speech Wednesday.

*How to apply for expungement under the bill*

Expungements didn’t go as far as some Democratic lawmakers and the ACLU
wanted. Rep. Desiree Tims, a Dayton Democrat, said in committee the bill
should have an automatic expungement mechanism, or at least a system to
notify affected people that the new option is available. Plus, the
application comes with a $50 fee that some can’t afford, she said.

Rep. Josh Williams, a Toledo Republican and attorney who regularly
champions expungement policy, said a recent Ohio Supreme Court decision
effectively tied lawmakers hands on the issue and requires them to leave
judges some discretion. However, he said SB56 gives defendants every
advantage possible while still likely passing court muster.

“I think we tilted the scales in favor of the defendant as much as we
could,” he said in an interview.

Legislative leaders indicated Wednesday that House and Senate members will
need to negotiate a final package to send to Gov. Mike DeWine (R) for his
signature. This means the legislation, including the expungement language,
could change dramatically from here.

Ohio law already allows for expungement for a broad stretch of offenses.
However, the new process laid out in SB 56 is tailor-made around marijuana
cases. And according to House Finance Chairman Brian Stewart, a Republican
and key negotiator, a judge is largely forced to grant an application
unless the county prosecutor objects. Williams added that the
marijuana-specific filings are likely cheaper, and the legal test is
weighted toward favoring the defendant.

To get a conviction expunged, applicants would need to submit paperwork in
the courthouse they were convicted in to show that their offense stemmed
from 2.5 ounces of marijuana or less.

The legislation gives county prosecutors, who run in partisan elections
every four years, broad discretion to file objections for any reason. From
there, judges would have 45 to 90 days to hold a hearing and weigh the two
sides against each other.

The post Ohio Lawmakers Approve Marijuana Bill That Creates A Process To
Expunge Past Convictions appeared first on Marijuana Moment.