What Is Happening to Those Serving Time for Marijuana Offenses After Legalization?

Different states are taking different approaches, but in most cases recreational legalization has not resulted in freedom or immediate expungement. One of the features of many state marijuana legalization laws are a set of automatic expungement rules, but it’s an ongoing battle.

In Virginia, for example, where recreational marijuana became legal on July 1, 2021, the full effects of automatic expungement won’t be realized until 2025.

All records of misdemeanor possession or possession with intent to distribute charges were “sealed” on July 1, 2021. However, due to various bureaucratic hurdles and antiquated databases, state entities aren’t required to seal arrest records, charges or convictions for marijuana offenses until July 1, 2025. If a person has a felony marijuana charge, they will still need to actively petition the court to seal their record.

People serving time in Virginia prison for marijuana convictions were not let out of prison after the legalization measure was signed into law. While at one point that bill included language that would have allowed for incarcerated offenders to receive resentencing hearings, it was cut from the bill during negotiations.

In Arizona, another state that recently legalized recreational marijuana, people with past marijuana convictions need to petition for expungement. There are specific limits for the types of marijuana convictions that can be expunged, and state justice officials can still deny expungement in certain circumstances.

What About in Georgia?

The expungement for convictions of marijuana-related crimes is dependent on each state’s laws. In states where marijuana continues to be illegal there’s no guarantee you’ll be able to get your record expunged.

Governor Brian Kempt only recently started the “Georgia Access to Medical Cannabis Coalition” to look at medical marijuana businesses in the state. We’re one of the few remaining states where even medical marijuana is prohibited (except for low-THC oils), although that may be changing soon. The proposed licenses to grow medical cannabis are also being strictly regulated, making Georgia a hard marketplace to enter.

Georgia’s historic hostility to marijuana was recently in focus when the Georgia Supreme Court ruled that state lawyers could be sanctioned simply for providing legal advice to sellers of CBD oil – a cannabis-derived product with THC content so low that it has no psychoactive effects on users.

It’s unfortunately no surprise that as of today it is not possible to get marijuana possession charges expunged from your record in Georgia. Even minor possession charges can have a significantly detrimental impact on your life, leading to the loss of your driver’s license and difficulties in finding jobs in certain industries.

If you are facing marijuana charges, it’s likely in your best interest to speak with a criminal defense lawyer about your options.

Marijuana Legalization in Georgia

Recreational marijuana legalization that might one day lead to the expungement of marijuana offenses is a slow process in Georgia. There are multiple efforts in the Georgia state legislature to begin the process.

SB 263 is specifically aimed at amending Georgia law to regulate the cultivation and sale of marijuana. SR 165 and HR 281 are efforts to amend the state’s constitution to legalize the sale, possession and use of recreational marijuana for people 21 and older.

If all those measures pass the Georgia Senate and House, it would then need to go directly to Georgia voters to approve through a ballot measure. If a majority of Georgia voters approve of the legalization it can become law.

A poll from 2018 found that 55 percent of Georgia voters supported the legalization of recreational marijuana, while only 35 percent actively opposed legalization. Medical marijuana had much more decisive support in the poll, with 71 percent of voters saying they were in favor and only 16 percent in opposition.

National trends suggest support for recreational marijuana legalization has only grown in recent years. A Gallup poll performed in 2021 found 68 percent of Americans were supportive of recreational marijuana legalization.

Don’t Let a Marijuana Conviction Jeopardize Your Future

With strict state laws and potentially long-term consequences, it’s important to defend yourself from charges of marijuana possessions or distribution. The Cotto Law Group is committed to fighting for the rights of clients in the Duluth area.

Don’t assume pleading guilty is your only option – contact our marijuana defense lawyer at 770-817-7581 to learn about your options.