Please ensure Javascript is enabled for purposes of website accessibility
“(P)olice officers must have probable cause to believe a person possesses a criminal amount of marijuana in order to arrest that person and conduct a search incident thereto,” Chief Judge Mary Ellen Barbera wrote for the high court. (iStock photo)

Bill would expunge marijuana offenses

ANNAPOLIS — A bill to remove convictions for marijuana use or possession of less than 10 grams from criminal records received a lukewarm response from the Maryland Senate Judicial Proceedings Committee Thursday.

Sponsored by Senator Brian Feldman, D-Montgomery, the bill aims to help people who were convicted for using or possessing marijuana before it was decriminalized on Oct. 1. Now that it is no longer a crime, Feldman said, these records should be expunged.

“We shouldn’t have folks, particularly younger folks, prejudiced,” Feldman said. “This is real-world stuff and it just seems incongruent to have on the books prospectively that this is no longer a crime and yet have thousands of young Marylanders hampered with this criminal record.”

If the bill passes, there will be both revenue for and costs to the state as people pay to get their records cleaned and the courts pay employees to go through the requests, but exact costs are not available, Feldman said.

Because law enforcement officers did not take into account how much marijuana was on the person arrested before the 10-gram decriminalization bill passed last year, Feldman said, they do not know how many people would be affected by his bill’s passing.

Feldman acknowledged law enforcement concerns that removing these marijuana convictions from records would take away necessary background information for firearms checks, among other things.

“I’d be willing to offer an amendment to shift it from an outright expunging all records to shielding,” Feldman said. By shielding instead of expunging records, Feldman said, law enforcement officials would still have access to the records, but employers would not.

The bill would assist people who have marijuana convictions on their record with finding employment, education, scholarships and housing, he said.

The Maryland Chiefs of Police Association in written testimony said they oppose Feldman’s bill.

“It could interfere with the necessary access to prior criminal information,” the association said. “In some instances, this could be a safety factor for law enforcement personnel in carrying out their official duties.”

The association members said they think input from the judiciary, prosecutors and law enforcement would enable all stakeholders to address the situation without affecting public safety.

Rachelle Yeung, the Maryland political director of the Marijuana Policy Project, said she supports Feldman’s bill.

“Unfortunately, everyone who was arrested prior to October 1st, including and up to September 30th, won’t have the same opportunities that people after October 1st will,” Yeung said. “We support this bill because it puts people who have been charged with low-level marijuana possession in the past on the same footing as their peers moving forward.”


  1. this bill needs to be passed. alot of decent jobs deny you for a petty misdemeanor charge that happened 6 or longer years ago. yea i got caught with a couple of grams of pot. you can get it expunged if it has been 7 years and you have not committed a crime. 1 catch, if you plead guilty, and you are found guilty, it can not be expunged!!, very frustrating. glad to see it brought out. i hope they can pass it.

  2. guess those of us in the overpoliced Harford County aren’t going to be as lucky?

    What if you had 7 grams worth (under the current less than 10g law) and the police force trumped up charges forcing you to plead guilty to “possession w/intent?” And you had bought it for yourself earlier that night… prosecutor forced a guilty plea with threats of prison… at 19 years old. now over 30. I wonder if I have a chance life has been very hard on my family because of this and should have never been a felony marijuana charge for 7 grams in a single bag.

    would this apply to someone taken advantage of at a young age? or am I screwed? so far my life is pretty much ruined cant even get into towson university.

    I really hope this applies to anyone who was charged with under 10 grams.