Maine Does It: Helping People with Old Marijuana Records

In Maine, a group of lawmakers suggested on Monday that the state should seal records of minor marijuana offenses that occurred before recreational use was approved by voters in 2016. The committee, called the Maine Criminal Records Review Committee, includes 29 members from various legal, nonprofit, law enforcement, and media backgrounds. While the committee can only make recommendations and not pass laws, the proposal is seen as a positive step in reducing stigmas and obstacles for individuals with minor marijuana convictions. The state has a history of both prohibiting and legalizing marijuana dating back to the 1800s.

Senator Eric Brakey, a Republican from Auburn, proposed the idea, suggesting that Maine should create a process to automatically seal records of misdemeanor possession and cultivation convictions that happened between the launch of an electronic records system in 2001 and the approval of adult use in 2016. However, the committee did not support the establishment of a process to expunge personally identifiable information from past convictions. Instead, it approved a recommendation to increase public outreach on the current record-sealing process. Brakey emphasized that the historical injustice related to cannabis in the context of the war on drugs has affected many people.

The committee estimated that at least 2,500 people in Maine have misdemeanor marijuana possession or cultivation convictions that would be sealed if the recommendation becomes law. Opponents, including judiciary representatives and newsroom leaders, cited concerns about violating the First Amendment and technological challenges in implementing the recommendation. The legislative session is set to reconvene in January, with limited consideration for bills during the shortened, even-year session.

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