HF1094

HF1094 (Legislative Session 94 (2025-2026))

Expungements or resentencings involving past cannabis crimes eligibility clarified.

Related bill: SF204

AI Generated Summary

Purpose of the Bill

The purpose of this bill is to amend the laws in Minnesota concerning past cannabis offenses, specifically focusing on clarifying who is eligible for expungement or resentencing. This aims to address past convictions related to marijuana now considered legal or less serious offenses.

Main Provisions

Eligibility for Expungement or Resentencing: The bill specifies that individuals convicted of certain degrees of controlled substance crimes involving marijuana or tetrahydrocannabinols (THC) may be eligible for cleared records or reduced sentences.
Criteria for Eligibility:
1. The individual must have been convicted of crimes involving the sale or possession of marijuana or THC under specific sections of the Minnesota Statutes.
2. The crime must not have involved dangerous weapons, infliction or threat of bodily harm, or actions meant to cause fear of bodily harm or death.
3. The action that led to the conviction would be considered a lesser offense or not a crime at all following the changes effective on August 1, 2023.
4. The individual must have either not appealed the conviction, had the appeal denied, or the appeal deadline must have passed.
Definition of Lesser Offense: For the purposes of this bill, a "lesser offense" refers to a non-felony offense if the original charge was a felony.

Significant Changes

The bill updates existing law to reflect the decriminalization and legal changes surrounding marijuana, allowing those with past convictions to have their records reevaluated and potentially cleared or their sentences reduced.
It provides a clear pathway for individuals with past cannabis-related offenses to have their convictions reconsidered in light of changing legal attitudes towards marijuana.

Relevant Terms

Expungement
Resentencing
Cannabis offense
Marijuana
Tetrahydrocannabinols (THC)
Controlled substance crime
Felony vs. nonfelony offense
Dangerous weapon
Bodily harm

Bill text versions

Introduction PDF file
1st Engrossment PDF file
1st Engrossment PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
February 16, 2025	House	Floor	Action	Introduction and first reading, referred to	Public Safety Finance and Policy
February 16, 2025	House	Floor	Action	Introduction and first reading, referred to	Public Safety Finance and Policy
March 31, 2025	House	Floor	Action	Committee report, to adopt as amended
March 31, 2025	House	Floor	Action	Committee report, to adopt as amended
March 31, 2025	House	Floor	Action	Second reading
March 31, 2025	House	Floor	Action	Second reading

Citations

[
  {
    "analysis": {
      "added": [
        "New criteria for expungement eligibility based on the type of cannabis offense and offense severity."
      ],
      "removed": [
        "Provisions excluding certain cannabis offenses from eligibility."
      ],
      "summary": "This bill clarifies eligibility for expungements or resentencings for cannabis offenses under section 609A.06, subdivision 3.",
      "modified": [
        "Clarifies conditions under which a conviction for cannabis-related offenses can be expunged or re-sentenced."
      ]
    },
    "citation": "609A.06",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 152.021 to specify controlled substance crimes involving the sale or possession of marijuana.",
      "modified": []
    },
    "citation": "152.021",
    "subdivision": "subdivision 1, clause 6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References tweaks controlled substance definitions in relation to expungement eligibility.",
      "modified": []
    },
    "citation": "152.021",
    "subdivision": "subdivision 2, clause 6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Specifies controlled substance crimes under section 152.022 for expungement considerations.",
      "modified": []
    },
    "citation": "152.022",
    "subdivision": "subdivision 1, clause 5 or clause 7, item iii"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Controlled substance crime subdivisions referenced for expungement eligibility.",
      "modified": []
    },
    "citation": "152.022",
    "subdivision": "subdivision 2, clause 6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes certain offenses under section 152.023 related to marijuana possession for expungement eligibility.",
      "modified": []
    },
    "citation": "152.023",
    "subdivision": "subdivision 1, clause 5"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Focuses on specific controlled substance offenses for potential expungement.",
      "modified": []
    },
    "citation": "152.023",
    "subdivision": "subdivision 2, clause 5"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References offenses under this subdivision for expungement review.",
      "modified": []
    },
    "citation": "152.024",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Addresses low-level marijuana offenses for potential expungement.",
      "modified": []
    },
    "citation": "152.025",
    "subdivision": "subdivision 2, clause 1"
  }
]