Maine’s Groundbreaking Cannabis Statute
Maine has instituted a groundbreaking statute enabling individuals to keep their cannabis-related legal histories private, according to Matthew Morgan, a criminal defense lawyer. This development is considered a positive move by many looking to wipe their previous records clean for employment or other needs. “For those desiring to clear their past, this is a welcome initial move…” said Morgan. However, he points out that certain professional licensing bodies and law enforcement agencies will still be privy to these records.
Morgan’s Outreach
Morgan’s firm has begun contacting previous clients who can potentially apply to have their records sealed under the new law. Nonetheless, the precise count of people able to take advantage of this remains uncertain due to the recent enactment of this law. Barbara Cardone from the Maine Judicial Branch has opted not to unveil the quantity of people who have lodged requests to have their criminal records sealed under this new regulation.
Criminal Records Review Committee’s Influence
The recent implantation of these laws was prompted by suggestions from the Criminal Records Review Committee, which includes Morgan. The committee was formed to find methods to restrict the public’s access to criminal histories relating mainly to nonviolent offenses and those involving cannabis use. Despite the 2017 sanctioning of recreational marijuana use in Maine, the legal histories of residents for possession and cultivation before legalization linger on.
Committee’s Suggestions and Challenges
Among the numerous suggestions being deliberated by the committee is an automated sealing system. Though it was initially rejected by lawmakers due to financial issues and potential First Amendment Violations, the committee is still debating its revival. Automatically sealing records, according to Julie Finn, a judicial branch analyst, would demand significant additional resources, with estimations at $633,185 for fiscal 2024-25 and continued funds for new staff hiring. The Maine Press Association, among others, voiced their apprehension that automated sealing could potentially infringe on the public’s First Amendment right to view criminal records.
Other States’ Clean Slate Methods
As Darlene Shores Lynch from the Office of Policy and Legal Analysis noted, a ‘clean slate’ method for sealing criminal records has already been adopted by 12 other states, with misdemeanors, less serious felonies, and pardons typically qualifying for eligibility.
The Committee’s Ongoing Plans
The Criminal Records Review Committee continues to convene and accept public feedback, with their final meeting scheduled for November 19. “With several state precedents for ‘clean slate’ legislation, we continue to explore ways to progress,” stated Rachel Talbot Ross, Speaker of the Maine House. Public opinions are invited during these meetings or may be emailed before 5 p.m. on November 18.