Missouri courts are close to completing their review of cannabis expungements after expunging hundreds of thousands of cannabis cases. The review began after Missouri voters approved a constitutional amendment to legalize adult use marijuana in 2022 and has seen state courts expunge over 300,000 cases.
The amendment instructed Missouri courts to search their files for eligible cannabis-related offenses and permanently remove them from the records of affected Missourians. The largest counties in Missouri are mostly done with the bulk of the review process but it will likely continue well into 2025.
Estimates from the Missouri Supreme Court show that counties have expunged around 307,000 or 46% of the cases they have already reviewed. Since this estimate excludes paper records, the total number of expungements could be much higher.
Since clerks can’t search for specific criminal codes in paper files, they have to read the summaries for each record to see if they include marijuana-related offenses. Unsurprisingly, Iron County circuit clerk Sammye White admits that identifying cannabis charges in paper files slows things down significantly.
White typically has to scan through hundreds of indexed criminal records looking for codes that indicate drug paraphernalia or possession charges. Once she discovers a charge, she has to find the actual paper file to see if the drug charge is cannabis before reviewing the charges to determine if they qualify for expungement.
As most counties in Missouri used paper records until a decade or two ago, the review process mostly involves laboriously reviewing decades’ worth of paper records. Information provided to state clerks by the Missouri state administrator indicates that the review involves paper files from the early 1970s to 2014.
Greene County Circuit Clerk Bryan Feemster says with the state working on decades-old paper files, the review may carry on until mid 2025. According to Jackson County 16th Judicial Circuit spokesperson Scott Luck, court clerks finished reviewing cases in December 2023. He said the county’s review process expunged marijuana cases from as far back as 1989 based on the cases available to them.
Luck noted that the county sometimes learns about defendants once they leave probation. Cases related to marijuana are sent for further review to the sentencing division, he said. St. Louis County clerk spokesman John O’Sullivan says county clerks are currently in the ‘reviewing and redetermination’ phase to figure out how to review the next group of cannabis-related cases.
The commitment with which the court system in Missouri has handled the expungement process is likely to be applauded by all marijuana firms like Cresco Labs Inc. (CSE: CL) (OTCQX: CRLBF) since restorative justice is a key tenet of the legalization movement.
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