By: Paul Barnes
The discussion over the legalization of marijuana has been a hot topic in many states. One such state is Florida, a state that has historically had quite harsh laws related to marijuana. So much so, that according to Norml having 20 grams or less is a misdemeanor, with a maximum sentence of 1 year alongside a $1000 fine. If one has more then 20 grams on them, it jumps up to 5-year sentence and a $5000 fine. If one somehow gets caught with 10000 or more pounds on them, then they can be given up to a 30-year sentence and a $200,000 fine. The act of selling carries much the same weight. Essentially, buying marijuana is just as bad as selling it in the state of Florida.
The state of Florida does have medical marijuana laws, meaning some people with specific conditions can access it legally and others can sell it legally. The conditions that qualify are, of course, heavily limited, so not just anyone can get a prescription. Regardless, many people use marijuana recreationally, regardless of its illegality. Florida is once again considering legalizing marijuana as they have in past years. But I want to take a look at another proposed idea to mitigate the impact of Florida’s current harsh marijuana laws, especially on minorities: potential expungement of criminal history records.
What is Expungement?
Many states that have made changes to their marijuana laws have done so in a way that allows for expungement of convictions for actions that were a crime but are now legal. Expungement means the conviction will be removed from one’s record, as if it never happened. One important question to ask is why is expungement needed?
Put in simple terms, having a criminal offense on your record, even that of a misdemeanor, can have a severe impact on somebody’s future. According to Acosta Law Group, drug convictions can hurt an individual’s chances of getting a job, a loan or even renting a home. Of course, it is still possible to get these things, even with a conviction, but it makes it much more difficult. Another much more dire issue is with child custody. If an individual has a prior conviction, it could be used to put them in a negative light, which could make them lose custody of their children. All these ongoing impacts can happen because of a drug offense, or any crime really.
Expungement prevents these negative consequences which can be appropriate in some circumstances. For example if an individual committed a fairly minor and harmless crime, then they can have it removed from their record and not run into any of these complications. Or, in the case of legalizing marijuana, putting an end to ongoing negative consequences for an action (buying or selling marijuana) that is no longer illegal.
The Bills
Four changes to Florida law, relating to marijuana have been proposed in 2021 so far. The four different bills are actually two pairs of companion bills. The bills are: H0189, H0191, S0468 and S0470. The first pair of bills are sponsored by Travaris McCurdy (D) and the other two by Randolph Bracy (D). H0189 and S0468 are the same bill, one for each chamber of the state of Florida’s legislature. The same applies to H0191 and S0470. This tactic of making two of the same bills, one for each chamber, is only used in some states. According the FLSenate.gov’s FAQ, “A companion is a bill introduced in one house that is identical or similar to a bill introduced in the other house. Use of companion bills permits their concurrent analysis and deliberation by both houses.” In other words, instead of the bill going through on chamber and then the other chamber, it can be considered in both chambers at the same time, theoretically allowing the process to run more quickly.
H0189/S0468 calls for the creation of a new statute, 943.0586. The bill intends to allow those who have a misdemeanor cannabis offense to have it expunged. As a reminder, under Florida law, a misdemeanor is defined as having or selling 20 grams or less of cannabis. If a person was convicted of another crime that was linked to the misdemeanor, such as driving while under the influence, then their offense does not qualify for expungement. If a person does qualify, then they can petition the court to have their record of the offense removed, in which case, the arresting agency can respond with evidence as to why the offense should not be removed. Assuming the agency does not do so, or fails to provide proper evidence within 10 days, the court must grant the request. Next, any criminal history records that exist with the information that was expunged must be destroyed. Additionally, the individual who had their record expunged may legally deny that it ever existed, even while under oath in a court of law. Lastly, no fees may be charged by a court or agency to complete a petition.
Hence, in short, easier-to-understand terms, this bill, H0189/S0468, allows for those who are charged with a misdemeanor for possession of cannabis to have the misdemeanor expunged from their criminal records.
The next bill to consider is H0191/S0470. This bill calls for a subsection to be added to the previously mentioned statute created by H0189/S0468. This subsection 9, calls for statutes created by HB 189/S0468, or any similar legislation in the 2021 regular session, to read that any records of criminal history that are kept are confidential and exempt from s. 119.07(1) and s.24(a), Art. 1 of the State Constitution. Section 2 of the bill explains that if these records are not made confidential, then individuals who have had their record expunged might not be able to make gainful employment, if their record of the offense is still available somewhere. By making the records confidential, this discovery can be prevented, and people cleared of their previous offenses can seek employment. The section also notes that the issue of non-violent cannabis misdemeanors disproportionately effects minorities; this section will further protect them. Lastly, this act will take effect alongside H0189/S0468 or any similar legislation.
Again, in simpler terms, this bill merely states that any records that show an expunged offense, but for whatever reason were not destroyed, should be made confidential. The purpose of this confidentiality is to give individuals that have their offenses expunged a fair shot at getting a job.
These four bills all are in support of one thing: the expungement of non-violent misdemeanor marijuana offenses in the state of Florida. Their purpose is to help those who have been unfairly affected by the harsh drug laws. Currently, these bills have only been introduced. Only time will tell if they become law or not.
Opinion
This next part is solely a matter of opinion. If you simply wanted the facts, then please pay this part no mind.
I will keep things brief.
In my opinion, I believe that these bills are a good start. To me, the idea that one could have their entire life derailed because of something as harmless as drug possession is ridiculous to me. This bill is a great step in the right direction for helping those who have been impacted by these sorts of convictions. By making it easier for those with one or more misdemeanor(s) to get their records expunged, the state of Florida can help people get back on their feet. At the end of the day, someone who smokes a small amount of marijuana is not hurting anyone, so why should they suffer such long term consequences for their (harmless) actions?