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SD 2177

An Act relative to the expungement of convictions for marijuana possession

194th Legislature (2025-2026) Introduced by Jason Lewis

Requires agencies to inform eligible individuals and enables immediate expungement of marijuana-possession records for court appearances/dispositions held by Probation, under 258D.

House concurred
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Bill Summary · SD 2177

Summary: An Act Relative to the Expungement of Convictions for Marijuana Possession (Senate Docket No. 2177)

Overview

This proposed Massachusetts bill, introduced February 27, 2025 (Senate Docket No. 2177), seeks to streamline and expedite the expungement of marijuana possession convictions in light of marijuana decriminalization and legalization. The measure aims to ensure individuals with qualifying marijuana-related records are informed and, in certain cases, expunged immediately through existing expungement processes.

Key Provisions

  • Section 1 – Information to Eligible Individuals: Amends Section 52 of Chapter 55 of the Acts of 2020 by striking clause (iii) and inserting language requiring agencies to inform people who are eligible to have their records expunged as a result of changes to criminal laws from marijuana decriminalization and legalization.

  • Section 2 – Repeal of a Provision: Repeals Section 59 of Chapter 55 of the Acts of 2020.

  • Section 3 – Immediate Expungement for Marijuana Possession Records: Creates eligibility for immediate expungement for individuals who have a record of a criminal court appearance or disposition on file with the Office of the Commissioner of Probation for a charge of unlawful possession of a controlled substance under section 34 of Chapter 94C, provided the controlled substance was marijuana (as defined by marijuana in Class D, clause (1) of subsection (b) of section 31 of Chapter 94C). Expungement would occur immediately under Section 7 of Chapter 258D.

Who Is Affected

  • Individuals with a record of a court appearance or disposition for unlawful possession of marijuana (under the statutory framework of Chapter 94C) and whose records are held by the Office of the Commissioner of Probation.
  • The affected records would be eligible for immediate expungement if marijuana was the substance involved.

Procedural and Timeline Aspects

  • Introduced: February 27, 2025
  • Status: House concurred; Senate docket numbered 2177 (companion to prior session S. 1023 from 2023-2024)
  • Process: The bill interacts with existing expungement processes under Chapter 258D (Section 7) and removes barriers in the 2020-era behavioral statutes (Ch. 55) related to marijuana records.
  • Effective Mechanism: Expungement would be immediate for qualifying marijuana possession records, subject to the provisions stated.

Legislative Context

  • Builds on prior related proposal (S. 1023, 2023-2024) and aligns with broader marijuana policy reforms.
  • Revisions target notification and automatic expungement pathways to reflect legalization/decriminalization changes.

Potential Impact

  • Enhances relief for individuals with marijuana possession convictions by ensuring they are informed and, where eligible, have records expunged promptly.
  • Reduces the burden of weed-related convictions inconsistent with current law.
  • Requires administrative action by the Probation Department and related agencies to inform eligible individuals.

Notes: The bill uses existing expungement authorities (Chapter 258D) and modifies the 2020 expungement framework (Chapter 55 provisions) to reflect ongoing marijuana policy changes.

Compiled from official sources — confirm details with the bill’s official record.

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