Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1790

Introduced
2/16/23  

Caption

Ensuring equitable access to cannabis related expungement

Impact

Upon passage, HB 1790 is expected to have significant implications for individuals previously convicted of marijuana-related offenses that are no longer considered criminal. It allows for the expungement of offenses related to possession and cultivation of marijuana, reducing the barriers for individuals affected by past laws. The bill also mandates a review of the current prisoners’ statuses, enabling those incarcerated for decriminalized offenses to seek immediate release, thereby addressing past injustices and promoting a more equitable legal landscape.

Summary

House Bill 1790, titled 'An Act ensuring equitable access to cannabis related expungement,' aims to streamline the expungement process for individuals with decriminalized marijuana offenses in Massachusetts. The bill proposes amendments to existing laws, specifically targeting Section 100K of chapter 276 and section 34 of chapter 94C of the General Laws. The legislation intends to facilitate the automatic expungement of eligible offenses without requiring additional action from the petitioner, thus simplifying the legal process for those seeking to clear their records.

Contention

While HB 1790 has garnered support for its potential to reform criminal justice related to marijuana offenses, it is not without contention. Some stakeholders may argue against the expediency of expungements without hearings, fearing that it could undermine judicial discretion. Additionally, concerns regarding the long-term impacts on communities that have been disproportionately affected by past marijuana laws may arise, prompting debates on whether the bill sufficiently addresses the broader needs of those communities.

Companion Bills

MA H4517

Replaced by Study Order

Similar Bills

HI SB704

Relating To Marijuana.

AZ HB2082

Marijuana; sampling; advertising; sale

AZ HB2770

Marijuana; interstate agreements; delivery

CT HB05458

An Act Concerning The Regulation Of The Retail Sale Of Marijuana.

AZ SB1410

Marijuana; licensing; delivery

VA SB1233

Marijuana; advertising restrictions, penalties.

VA HB2428

Marijuana; advertising restrictions, penalties.

HI HB7

Relating To Marijuana.