50-State Comparison: Marijuana Legalization, Decriminalization, Expungement, and Clemency

Updated: June 2024

*See also December 2022 report & infographic: Marijuana legalization and expungement in 2022

† As used here, legalization means certain acts are lawful; decriminalization means certain acts may be punishable by fines but not incarceration (i.e. as infractions, petty offenses, civil offenses, etc). In all states, certain acts remain punishable by incarceration: see NORML’s digest of marijuana penalties. Medical marijuana laws are not covered here.

*Does not include general record relief or pardon authorities that may cover marijuana among other offenses.

For more details on a state’s expungement or pardon laws, click the state abbreviation.

State	Marijuana legalization or decriminalization† (31 states, D.C., 1 territory)	Expungement or sealing laws specific to marijuana, decriminalized, or legalized offenses* (24 states & D.C.)	Pardon programs specific to marijuana* (7 states, Federal and D.C.)

State	Marijuana legalization or decriminalization† (31 states, D.C., 1 territory)	Expungement or sealing laws specific to marijuana, decriminalized, or legalized offenses* (24 states & D.C.)	Pardon programs specific to marijuana* (7 states, Federal and D.C.)
AK	Legalization (2014) Alaska Stat. §§ 17.38.20-17.38.70.
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AZ	Legalization. Proposition 207 (2020).	A ballot initiative legalizing adult possession of 1.5 ounces of marijuana, and making possession of 2.5 ounces a petty offense, directed courts, upon petition, to expunge arrests, charges, and convictions for possession, consumption, transportation and cultivation of 2.5 ounces or less of marijuana. Proposition 207 (2020), adding Ariz. Rev. Stat. § 36-2862.
CA	Legalization (2016). Cal. Health & Safety Code §§ 11357-11362.9.	Prop. 64 (2016) legalized marijuana and authorized individuals who had completed a sentence for a wide range of marijuana offenses (both felony and misdemeanor) to petition the court to either have the conviction dismissed and sealed, resentenced, and/or redesignated, depending on the offense. Cal. Health & Safety Code § 11361.8(e). Relief is mandatory, and no hearing is required. §11361.8(f), (g). Prop. 64 supplemented a statute enacted in 1976 by which records of arrest and conviction for possession or transportation of small amounts of marijuana, either adult or juvenile, “shall not be kept beyond two years from the date of the conviction or from the date of the arrest if there was no conviction . .. “ Cal. Health & Safety Code §11361.5(a). Prop. 64 broadened this authority to apply to most marijuana offenses by individuals under age 18, and clarified that records must be “purged from the statewide criminal databases.” Id. AB 1793 (2018) replaced the requirement of individualized filings with an authority for automatic relief applicable to all eligible marijuana convictions. Cal. Health & Safety Code § 11361.9. By July 1, 2019, the Department of Justice was to identify eligible cases for possible resentencing, redesignation, or dismissal and sealing, and notify the prosecution of all eligible cases in its jurisdiction. By July 1, 2020, the prosecution was to determine and notify the court and public defender whether it will challenge any case on the basis of eligibility or that the person presents “an unreasonable risk to public safety.” The public defender must make “a reasonable effort” to notify the person whose potential relief is being challenged. If the prosecution does not challenge a case, the court automatically provides relief. In 2022, AB 1706 amended § 11361.9 to effectuate the relief measures previously enacted in 2016 and 2018 and described above, directing courts to reduce and redesignate sentences; directing the expungement of previously sealed marijuana records and verification of updates to criminal history; and to waive fees for updating records. It also required DOJ/Judicial Council monthly progress reports on accomplishing these measures. "It is the intent of the Legislature that persons who are currently serving a sentence or who proactively petition for a recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8 be prioritized for review."
CO	Legalization (2012). Colo. Const. Art. 18, § 16(3)-(4); Colo. Rev. Stat. § 18-18-406.	Sealing of marijuana arrest and convictions by petition was orignally authorized in 2017, Colo. Rev. Stat. § 24-72-710 (2017, added by HB 17-1266), but this authority was repealed in 2019 along with the entire chapter, and new provisions authorizing sealing of marijuana possession records on petition were incorporated into the general drug sealing authority in § 24-72-706. See HB 21-1090. As amended, § 24-72-706(1)(f)(I) made sealing of marijuana possession records mandatory, along with all petty offenses and petty drug offenses, if the defendant has not been convicted of a criminal offense since release from supervision. Class 4 felony convictions for marijuana possession was also authorized for expungement. HB 21-1090 also for the first time allowed those convicted of class 3 felony marijuana offenses prior to October 1, 2013, to petition to have the conviction record sealed, though they are not eligible for the mandatory relief process. Minor in possession offenses may be sealed automatically for first offenses, and by petition after a one-year waiting period for second or subsequent offenses. See § 18-13-122(13). Also, see the Pardon section above for marijuana-related pardoning. In 2022, petition-based sealing of marijuana felony and misdemeanor convictions was made automatic along with other drug convictions via the Clean Slate bill, with somewhat extended waiting periods, starting in July 2024.	Per a 2020 bill, the governor may pardon a class of defendants convicted of possession of up to two ounces of marijuana; applicants must identify themselves but no formal application is required. Colo. Rev. Stat. § 16-17-102(2). On Oct 1, 2020, Gov. Polis pardoned all individuals convicted of possession of one ounce or less of marijuana in Colorado. On Dec. 30, 2021, Gov. Polis pardoned individuals who have been convicted of a state offense for possession of two ounce or less of marijuana in Colorado. The Colorado Bureau of Investigation (CBI) identified 1,351 convictions which were eligible, and individuals with these convictions need not apply to obtain a pardon. Individuals who are unsure whether a conviction on their record has been pardoned may fill out a form to request confirmation of a pardon on the CBI website.
CT	Legalization of 1.5 oz. SB 1201 (2021).	The marijuana legalization bill enacted in 2021 included petition-based and automatic marijuana expungement provisions. Effective July 1, 2022, petition-based relief is authorized for convictions for possession of up to four ounces of marijuana betewen 2015 and 2021 and prior to 2000. (These convictions were also authorized for automatic relief after a 5-year or 10-year waiting period by the "Clean Slate" Act signed into law at about the same time.) Effective Jan. 1, 2023, automatic sealing is authorized for possession of up to four ounces of marijuana from Jan. 1, 2000 to September 30, 2015. In addition, courts must, upon petition, order destruction of convictions and other criminal records in cases where the charges resulting in conviction have been decriminalized. Conn. Gen. Stat. § 54-142d; See also State v. Spielberg, 323 Conn. 756, 762–63, 150 A.3d 1118, 1121 (2016) (holding that, unlike the general rules of erasure set forth in § 54-142a, § 54–142d authorizes complete erasure in cases where the conviction was for conduct that has been decriminalized, even if charges dismissed in the case involved conduct that remains criminal, since § 54-142d contains no exception analogous to § 54-142a(g)).
DC	Legalization (Congress has blocked aspects, including sales). D.C. Law §§ 48–904.01, 48–1201; see, e.g., Pub. L. 113-235 (federal rider).	Persons with conviction and non-conviction records for decriminalized and legalized offenses may file motions to seal the records. D.C. Law § 16-803.02(a) ("A person arrested for, charged with, or convicted of a criminal offense pursuant to the [D.C.] Code or...Municipal Regulations that was decriminalized or legalized after the date of the arrest, charge, or conviction may file a motion to seal the record of the arrest, charge, conviction, and related Superior Court proceedings at any time. (1)(A) The Superior Court shall grant a motion to seal if: (i) The arrest was not made in connection with or did not result in any other [D.C.] Code or...Municipal Regulations charges or convictions against the person; and (ii) The arrest was not made in connection with or did not result in any other federal charges or convictions....In cases that do not meet the requirements of paragraph (1) of this subsection, the Superior Court may grant a motion to seal if it is in the interest of justice to do so....").	On October 6, 2022, President Biden issued an executive order granting "full, complete, and unconditional pardon" to all current United States citizens and lawful permanent residents who were convicted of or committed the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 or in violation of D.C. Code 48–904.01(d)(1) regardless of whether they have been charged with or prosecuted for this offense on or before the date of this proclamation.
DE	Decriminalization (2019). 11 Del. C. 16 § 4764(c).	In 2015, as part of the legislation decriminalizing possession, use or consumption of a personal use quantity of marijuana, expungement was authorized for persons convicted under the age of 21 of a single such decriminalized offense. See Del. Code Ann. Tit. 11 § 4764(i). In 2018, subjection (j) was added to § 4764 authorizing adult expungement of any single conviction of decriminalized marijuana possession, use or consumption under the provisions of Del. Code Ann. Tit. 11 § 4373 (see above), as long as the conviction is the applicant’s only offense. The procedure for obtaining expungement under § 4373 was changed in 2019 by SB37, and relief is now mandatory and will become automatic when that system becomes operational after August 1, 2024. In the meantime, mandatory expungement is upon request to the SBI.
Fed			On October 6, 2022, President Biden issued an executive order granting "full, complete, and unconditional pardon" to all current United States citizens and lawful permanent residents who were convicted of or committed the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 or in violation of D.C. Code 48–904.01(d)(1) regardless of whether they have been charged with or prosecuted for this offense on or before the date of this proclamation.
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HI	Decriminalization (2018). Haw. Rev. Stat. § 712-1249.	A court must grant expungement, upon motion, of a conviction for possession of three grams or less of marijuana (decriminalized offense), if no other charges were brought. Haw. Rev. Stat. § 706-622.5(5).
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IL	Legalization (2019). 410 Ill. Comp. Stat. Ann. 705/10-5.7, 20 Ill. Comp. Stat. Ann. 550/4.	In 2019, Illinois authorized the automatic expungement of arrests and convictions for “minor cannabis offenses,” defined as involving not more than 30 grams, no enhancements and no violence. Ill. Comp. Stat. Ann. 2630/5.2(i), (a)(1)(G-5). It also authorized expungement for misdemeanors and Level 4 felonies involving a greater amount of marijuana, upon petition by the individual affected or by the State’s Attorney. Non-conviction records: The State Police and other law enforcement agencies are directed to “automatically expunge” the record of arrests one year after the date of the arrest, if no charges were filed or were filed and subsequently vacated, or if the person was acquitted. If the police are unable to determine disposition, they must expunge the arrest. See Timeline established for automatic expungement: post 2013 arrests to be expunged by 1/1/2021, those between 2000 and 2013 by 1/1/23, and those prior to 2000 by 1/1/2025. See Ill. Comp. Stat. Ann. 2630/5.2(i)(1). Minor conviction records: A tiered procedure is established whereby “minor cannabis offenses” are subject to an automatic expungement (through a pardon authorizing expungement) administered through the Prisoner Review Board, while those convicted of more serious marijuana offenses (misdemeanor and Class 4 felony) must file a petition seeking expungement from the court. For convictions in the first category, the State Police must notify the Prisoner Review Board of convictions not associated with violence, the PRB in turn notifies the relevant State’s Attorney who may object on eligibility grounds only, and the PRB makes a confidential recommendation to the governor. When the governor has granted a pardon authorizing expungement, the PRB files with the court asking for expungement of the record. The court is responsible for notifying the individual at his or her last known address. See Ill. Comp. Stat. Ann. 2630/5.2(i)(2). For marijuana offenses in the second category (misdemeanor and Class 4 felony), individuals must file a petition with the court, and expungement may be granted after a hearing where the court applies a balancing test. An individual may file “after completion of any non-financial sentence or non-financial condition imposed by the conviction.” State’s Attorneys are also authorized to file petitions to vacate and expunge the record of conviction. Civil legal aid organizations may file petitions including more than one name. In considering motions to vacate and expunge a conviction the court shall consider the reasons to retain the records, the person’s age, the person’s age at the time of conviction, and the specific adverse consequences if denied. Ill. Comp. Stat. Ann. 2630/5.2(i)(3)-(5).	As discussed in the previous column, Illinois authorized automatic expungement of “minor cannabis offenses” which includes sending eligible convictions to the governor through the Prisoner Review Board for a pardon authorizing expungement. In December 2019, Governor Pritzker issued pardons to 11,017 people with eligible convictions. In December 2020, Pritzker pardoned an additional 9,219 people, bringing the total of pardons under the 2019 law to over 20,000 (along with the expungement of almost 500,000 non-conviction records).
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MA	Legalization (2016). Mass. Gen. Laws Ann. ch. 94G § 7, 13.	Low-level marijuana convictions became eligible for expungement by petition with no waiting period in 2018, as a result of previous decriminalization legislation. Mass Gen. Laws ch. 276, § 100K(a)(2). Expungement under this section provides for discretionary expungement, in which a court determines “what is in the best interests of justice.” See ch. 276, § 100K(b); Commonwealth v. K.W., 193 N.E.3d 1069, 1079 (Mass. 2022) (reversing a lower court’s denial of expungement of two marijuana possession records under the 2018 law because applicants for relief under this section “must be entitled to a strong presumption that their records should be expunged”). In 2022, a new provision for expungement of marijuana possession convictions was enacted, expanding eligibility to include previously decriminalized cultivation and possession with intent to distribute offenses, and removing the “best interests of justice” standard. S.3096 (2022). Upon a petition for an eligible marijuana offense, a court must enter an order expunging the record within 30 days. See ch. 276, § 100K¼
MD	Legalization (2022). Md. Constit. Art. XX (up to 1.5 ounces for persons 21 and over) Decriminalization (rev. 2022). Md. Code Ann., Crim. Law § 5-601(c)(2)(ii)(up to 1.5 ounces for persons under 21); §5-601(c)(2)(between 1.5 ounces and 2.5 ounces).	A person may petition for expungement of a conviction if "the act on which the conviction was based is no longer a crime." Md. Code Ann., Crim. Proc. § 10-105(a)(11). A person may petition for expungement of misdemeanor possession conviction for "personal use" amount up to 1.5 ounces upon completion of sentence (Md. Code Ann., Crim. Law §§ 10-105(a)(12),105(c)(8)); and of misdemeanor or felony possession of up to 2.5 ounces three years after completion §§110(a)(1)(viii),10-110(a)(2)(ii). The Maryland Judiciary Case Search is prohibited from referring to the existence of a District Court criminal case in which possession of marijuana is the only charge in the case and the charge was disposed of before October 1, 2014. § 10-111. Also in 2022 a new § 10-112 directed the Department of Public Safety to automatically expunge conviction records in the central repository for cannabis possession obtained prior to July 1, 2023, where the cannabis charges are the only charges in the case (court records may be expunged only pursuant to the petition process described above).	In June 2024 Governor Moore pardoned 175,000 marijuana possession and paraphernalia convictions
ME	Legalization (2017). Me. Rev Stat. Ann tit. 28-B § 1501.	Authorizing adult use, possess or transportation of up to 2 1/2 ounces of cannabis or paraphernalia
MI	Legalization (2018). Mich. Comp. Laws §§ 333.27955, 333.27960, 333.27965, et seq.	In 2018 recreational marijuana use by those over 21 was legalized by Proposition 1, and individual prosecutors were authorized to consider past convictions for dismissal and expungement. In October 2020, a streamlined process for setting aside marijuana misdemeanors was enacted, effective immediately. HB4982: streamlines petitions for marijuana misdemeanors with a presumption in favor of set-aside for offenses that have been decriminalized. Mich. Comp. Laws § 780.621e. HB5120: provides for a rehearing or appeal where set-aside of a marijuana misdemeanor is denied; and provides that where a marijuana misdemeanor has been set aside, a person may not seek resentencing in another case where the marijuana conviction was used to determine the sentence. § 780.621f.
MN	Decriminalization (2018). Minn. Stat. § 152.027(4).	A person who, prior to April 11, 1976, was convicted of misdemeanor possession—or sale without remuneration—of 42.5 grams or less of marijuana, and the conviction would be a petty misdemeanor as of April 11, 1978, may petition for expungement. Minn. Stat. § 152.18.
MO	Legalization. Amendment 3 (2022)	A 2022 ballot initiative (Section 2, subsection 10) removed from the state constitution bans on purchase, possession, or consumption of up to three ounces of marijuana by adults at least 21 years of age; provides civil penalties for those under 21; provides civil penalties for possession and distribution of up to six ounces, with third offense a misdemeanor. The initiative also provides for vacatur and expungement by petition for those incarcerated for offenses that are no longer criminal and for offenses involving up three pounds of marijuana, with certain exceptions (violence, delivery to a minor and marijuana-related traffic offenses); automatic vacatur and expungement for those "currently" under supervision for the same offenses, excepting only delivery to as minor and marijuana-related traffic offenses; and automatic expungement of all misdemeanor marijuana convictions, and of most felony convictions after service of sentence. See Initiative No. 3, Sec. 2, Subs.10(7) and (8).
MS	Decriminalization. Miss. Code Ann. § 41-29-139(c)(2)(a)(1).
MT	Legalization. CI-118 (2020); I-190 (2020) (certain provisions effective Jan. 1, 2021; others Oct. 1, 2021).	Effective Jan. 1, 2021, a person serving a sentence–or who has completed a sentence–for a marijuana act legalized or punishable by a lesser sentence under the 2020 marijuana ballot initiatives (CI-118; I-190)(no more than one ounce for personal use) may petition the sentencing court for an expungement, resentencing, and/or redesignation, and is presumptively eligible for relief. See Mont. Code Ann. § 16-12-113(1), (2). As amended in 2021, this provision now makes clear that an expungement under this section does not preclude petitioning for expungement under §§ 46-18-1102. The 2021 amendments also lessened the burden on prosecutors opposing expungement: they no longer must prove by clear and convincing evidence that a petitioner does not satisfy the criteria, but must merely “prove the court with a reason basis on which” the petition does not satisfy the criteria.
NC	Decriminalization. N.C. Gen. Stat. § 90-95(d)(4).
ND	Decriminalization. N.D. Cent. Code § 19-03.1-23(7)(d)(1).	N.D. Cent. Code 19-03.1-23(9) authorizes sealing for first offender marijuana possession. When a person pleads guilty or is found guilty of a first offense regarding possession of one ounce…or less of marijuana and a judgment of guilt is entered, a court, upon motion, shall seal the court record of that conviction if the person is not subsequently convicted within two years of a further violation of this chapter and has not been convicted of any other criminal offense. Once sealed, the court record may not be opened even by order of the court.	A Pardon Advisory Board policy adopted in 2019 authorizes people convicted of marijuana possession who have had no convictions in the past five years to "submit a Summary Pardon Application." The Office of the Governor estimated that as many as 175,000 people could be eligible for relief. In Jan. 2020, the governor pardoned 16 people under this authority (of 26 recommended by the board). As of Nov. 2022 only about 50 people had been pardoned, and applications had "slowed to a dwindle."
NE	Decriminalization. Neb. Rev. Stat. § 28-416(13)(a), 28-441.
NH	Decriminalization. N.H. Rev. Stat. § 318-B:2-c.	A person who was arrested or convicted before September 16, 2017 for obtaining, purchasing, transporting, or possessing 3/4 ounce of marijuana or less (the decriminalized amount), may at any time petition the court to annul the arrest and court record. N.H. Rev. Stat. Ann. § 651:5-b.
NJ	Legalization. Public Question 1 (2020); 2020 N.J. S.21, A.1897/4269, 2021 N.J. A.5342.	A 2021 law expanded expungement to a broad range of marijuana and hashish misdmeanor and felony convictions and directed the development of an automatic system for sealing records from the public. §§ 2C:52-5.2, 2C:52-6.1. Eligible offenses include possession of six ounces of marijuana; and manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispenses up to 1 ounce of marijuana or 5 grams of hashish (including if charged as being within 1,000 feet of a school or 500 feet of a public building). (The offenses of manufacturing, dispensing, and possession with intent to manufacture or dispense were added by a 2021 law.) If a financial assessment is unpaid at the time of sealing, the court shall convert the unpaid portion to a civil judgement. Id. Section 5 of the 2019 law also authorized courts upon petition to seal the record immediately upon completion of incarceration and supervision. §§ 2C:52-5.2, 2C:52-6.1.
NM	Legalization (2021). 2021 Special Session N.M. HB 2, SB 2.	Per legislation enacted in conjunction with marijuana legalization, if a person was charged with or convicted of an offense involving cannabis that is no longer a crime (2 ounces or less outside the home) or would have resulted in a lesser offense (reduction of felony to misdemeanor) when the Cannabis Regulation Act goes into effect, all public records related to the charge or conviction shall be automatically expunged two years after the conviction or, if there was no conviction, after the arrest. See 2021 Special Session N.M. SB 2, Section 5. The state supreme court is directed to promulgate rules to implement the provisions of this section. Id.
NV	Legalization (2017). Ballot question 2 (2016); Nev. Rev. Stat. §§ 453.011 to 453.552.	A person convicted of an offense that is “no longer punishable as a crime” may submit a request to the court to seal the record, which "shall" be granted unless there is an objection from the prosecutor, with a showing of good cause by clear and convincing evidence that the request should not be granted. Nev. Rev. Stat. § 179.271 (traffic offenses are excluded). No fee may be charged. In 2021, AB 158 was enacted, requiring courts to seal the records of the persons under 21 years of age who completes the terms and conditions imposed by the court for consuming or possessing alcohol or one ounce or less of marijuana without being authorized to possess it.	In June 2020, the Nevada State Board of Pardons Commissioners passed a resolution recommended by the governor, to summarily pardon those convicted of possession of one ounce or less of marijuana, from January 1986 to January 2017 in Nevada, covering more than 15,000 people. The Board was unable to identify the records of this offense for: 1) people charged prior to 2001, when this offense was a felony; 2) people charged with this offense who pled to other offenses. Nonetheless, these convictions can be pardoned upon application.
NY	Legalization (2021). 2021 N.Y. A1248A/S854A	SB 6579 (2019) provided for automatic vacatur and expungement of convictions under N.Y. Penal Law § 221.05 or § 221.10 for possession of two ounces or less of marijuana. See N.Y. Crim. Proc. Law § 160.50(5). The 2021 legalization bill (A1248A/S854A) expanded the list of marijuana offenses subject to automatic vacatur and expungement to include, among other things, misdemeanor and felony possession and misdemeanor sale offenses. See N.Y. Crim. Proc. Law § 160.50(3)(k).
OH	Decriminalization. Ohio Rev. Code Ann. § 2925.11(C)(3)(a).
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OR	Legalization (2014). Ballot Measure 4; Or. Rev. Stat. Chapters 475B and 475.	Oregon has enacted streamlined procedures and eligibility criteria for setting aside and reducing marijuana convictions. See Or. Rev. Stat. § 137.226 (persons with convictions for possession, delivery, or manufacture of marijuana are eligible to set aside the conviction after one year if the defendant was under 21 at the time of conviction, has not been convicted of another offense excluding traffic violations, and has fully complied with and performed the sentence); id. (for purposes of set-aside, marijuana offenses committed before April 21, 2017, are classified as if the conduct occurred after 21, 2017, and decriminalized offenses are treated as class C misdemeanors); individuals with convictions committed before July 1, 2015 for marijuana possession of less than 1 oz, who have fully served the sentence, may apply for set-aside without paying any fee, file fingerprints, or complete a background check or identification); a person may file a motion to reduce the offense classification of a marijuana conviction if, since the conviction, the offense has been reduced and the person has fully served the sentence). The Oregon Circuit Courts have set up an online filing system for marijuana set-asides and reductions.	In November 2022, Gov. Kate Brown pardoned 45,000 individuals convicted of marijuana possession offenses prior to legalization in 2016.
PA			In 2019, the Pennsylvania Board of Pardons established an expedited review program for certain non-violent marijuana convictions.
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RI	Legalization (2022). R.I. Gen. Laws § 21-28-4.01(c)(2)(iii).	Effective May 25, 2022, the Rhode Island Cannabis Act, S2430, authorized automatic expungement of any conviction for cannabis possession, use or purchase legalized by the Act (1 oz. or less anywhere, 10 oz. within the home), at a timeline determined by the presiding justice but no later than July 2024. See R.I. Gen. Laws §12-1.3-5. Waives expungement costs for anyone who has been incarcerated due to a marijuana conviction. These expungements are available notwithstanding previous convictions, additional convictions in other counts in the same case, pending criminal proceedings, and outstanding court costs and fees. Allows an individual to deny their conviction when asked, with a few occupational exceptions (law enforcement, bar admission, teaching, coaching, early childhood education). The Act contains a number of other provisions relating to sale and cultivation of cannabis, including licensed vendors. See also R.I. Gen. Laws § 12-1.3-2(g): A person may immediately file a motion for the expungement of records “related to an offense that has been decriminalized subsequent to the date of their conviction.” The court must hold a hearing, and if it finds that all conditions of the sentence have been completed, included the payment of fines, fees, the court shall order the expungement without cost to the petitioner. § 12-1.3-3(e).
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SD	Legalization. 2020 Constitutional Amendment A (effective July 1, 2021).
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UT		Individuals may file a petition for expungement if at the time of arrest they had a qualifying condition defined in Section 26-61a-102 and the amount possessed at the time of arrest was in the form and an amount to medicinally treat the qualifying condition. Utah Code 77-40a-305. In 2020, process streamlined by bypassing requirement to apply for certificate of eligibility. Utah Code Ann 77-40-103(5).
VA	Legalization. 2021 Virginia Laws Ch. 550 (S.B. 1406).	The legalization bill authorizes automatic expungement of past misdemeanor offenses for possession of marijuana. Id. adding Va. Code Ann. § 19.2-392.2:1 (automatic expungement). The bill further allows misdemeanor sale of marijuana paraphernalia to be expunged by petition, if the court finds that continued dissemination of the record would be a “manifest injustice” to the petitioner (or on a mandatory basis if the person has no other offenses). Id. adding Va. Code Ann. § 19.2-392.2:2. These expungement provisions are scheduled to go into effect by July 1, 2025. As expanded under the legalization bill, a provision limits public access to records in the central repository of misdemeanor marijuana convictions for possession and possession with intent to distribute, and employers and others are prohibited from inquiring about them. 2021 Virginia Laws Ch. 550 (S.B. 1406), amending Va. Code Ann. § 19.2-389.3. These central repository provisions were fully effective July 1, 2021. Additional provisions for automatic expungement of misdemeanor possession with intent to distribute and petition-based expungement of felony marijuana offenses will not take effect because they were not reenacted in 2022, as required by the legalization law. See 2021 Virginia Laws Ch. 550, cl. 9 (S.B. 1406).
VI	Decriminalization. Virgin Islands Code Ann. tit. 19, § 29-607a(b).
VT	Legalization (2020). Vt. Stat. Ann. tit. 18 §§ 4230-4230g.	Automatic expungement: On October 7, 2020, the governor signed S.234, authorizing automatic expungement of convictions involving possession of 2 ounces or less of marijuana entered prior to January 1, 2021, said expungement to be completed no later than January 1, 2022. Vt. Stat. Ann. tit. 13 § 2821(30). Expungement by petition: A person who “was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense” may petition for expungement immediately upon completion of sentence, including satisfaction of any restitution. Vt. Stat. Ann. tit. 13 § 7602(a)(1)(B), (d). Expungement “shall” be ordered “unless the court finds that expungement would not be in the interest of justice.” Id.
WA	Legalization (2012). Initiative 502; Wash. Rev. Code Chapter 69.50.	Any person convicted of a misdemeanor marijuana offense, who was 21 years or older at the time of the offense, may immediately apply to the sentencing court to vacate the conviction, and if the person is eligible, the court "shall" do so. Wash. Rev. Code § 9.96.060(5).	Under his Marijuana Justice Initiative, Gov. Inslee has pardoned a number of people convicted of marijuana possession offenses no longer criminal under state law (the program covers people with a sole conviction for adult (21+) misdemeanor marijuana possession, from between Jan. 1, 1998-Dec. 5, 2012, prosecuted under WA state law).
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