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MARIJUANA MOMENT
MAINE GOVERNOR SIGNS BILL ALLOWING MARIJUANA CONVICTIONS TO BE SEALED UPON
APPLICATION
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POLITICS
MAINE GOVERNOR SIGNS BILL ALLOWING MARIJUANA CONVICTIONS TO BE SEALED UPON
APPLICATION
Published
9 hours ago
on
April 22, 2024
By
Marijuana Moment
“These victims of the war on drugs deserve to have their names cleared now,
today.”
By Emma Davis, Maine Morning Star
The Maine Legislature passed two bills that would expand eligibility for sealing
criminal records, one that drops the age requirements for record sealing and
another that allows for sealing now-legal marijuana crimes.
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While these plans require people to apply to have records sealed, another
proposal that would have automated the process failed after criticism that doing
so would violate the First Amendment. That bill specifically applied to criminal
records for marijuana possession and cultivation that’s since been legalized in
Maine.
The Legislature signaled that Maine’s reconciliation with when it may be
appropriate to seal criminal records is far from over, as it also passed a bill
to make permanent a commission to continue to study the issue.
Unfinished work on this matter was made clear during floor speeches on these
bills, as well, from lawmakers who voted both for and against the range of
measures.
The bill that removed the age-related prerequisite for sealing criminal history,
LD 2188, passed the House 87–59 and the Senate 25–9. Ahead of the Senate vote,
Sen. Lisa Keim (R-Oxford), who voted against the bill, argued record sealing is
the incorrect means to give people a fresh start.
“I’m very in favor of second changes and letting people rebuild their lives
after making mistakes,” Keim said. “My problem with this legislation, and
similar legislation, is the false sense of security.”
Rather than shielding the records from public view, Keim said Maine should
instead develop a more robust pardon process.
While legislators agreed to provide a way for people to apply to have certain
criminal histories sealed, the majority of the House and Senate did not go so
far as to make record-sealing the default.
The bill the Legislature killed, LD 2269, would have tasked state agencies with
reviewing criminal record information on a monthly basis and then sealing
records for crimes that are no longer considered illegal under Maine’s adult use
cannabis law, which was enacted in 2017.
On the House and Senate floor, critics argued such a process would violate the
right of the public to access records of criminal proceedings under the First
Amendment. In contrast, the approved bills would keep some documentation of a
conviction in the public domain by requiring a post-judgment motion review
process.
While ultimately in the minority, some lawmakers argued that not having an
automatic process would disadvantage people who are not aware they can apply to
seal or who do not have the resources to hire representation.
“These victims of the war on drugs deserve to have their names cleared now,
today,” Rep. Matthew Beck (D-South Portland) said.
Critics from both parties also raised concern about LD 2269’s price tag,
$633,185 for the 2024-25 fiscal year, with ongoing appropriations needed to pay
the salaries of additional employees to assume the review and sealing work.
However, there was strong support in both chambers to allow people to apply to
get their criminal histories for now-legal marijuana crimes sealed. The bill to
permit that option, LD 2236, received a favorable vote of 27–8 in the Senate and
90–57 in the House, and Gov. Janet Mills (D) has since signed it into law.
LD 2236 adds to the state law definition of “eligible criminal conviction” that
crimes no longer considered illegal under Maine’s cannabis law are eligible for
a person to file a post-judgment motion to seal that criminal history record
information.
—
Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
Some objected to the fiscal note of this bill, too, but because it is
essentially zero. Any additional workload associated with the new cases filed
will be absorbed under existing appropriations.
“How could there possibly not be a fiscal note?” Sen. Jim Libby (R-Cumberland)
asked on the floor.
Sen. Anne Carney (D-Cumberland) said no additional funds are needed because
sealing requests are not common.
“The sad thing about this process, actually, is that it’s not used as often,”
Carney said.
Each of these record sealing bills was based on recommendations from a report
that the Criminal Records Review Committee shared earlier this session. That
report was the final task for the committee, which the Legislature created in
2023.
While legislators did not agree with all of the group’s recommendations, they
did agree the group’s work must continue. LD 2252, a bill to make that committee
permanent, as the Criminal Records Review Commission, passed with unanimous
consent in both chambers.
This story was first published by Maine Morning Star.
> Maine Lawmakers Send Drug Decriminalization Task Force Study Bill To Governor
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