Ohio advocates of marijuana legalization now backing expungement reforms via Fresh Start proposal

I am more than a bit biased in reporting the latest notable news from Ohio’s marijuana reform arena because I had a hand in making it happen.  But especially because my interest in marijuana reform stems largely from my concerns about the criminal justice harms and costs of marijuana prohibition, I am especially pleased and proud that those advocating for marijuana legalization in Ohio are committed also to advocating for related criminal justice reforms.   This local article, headlined “ResponsibleOhio proposes legislation to expunge marijuana offense records,” provides these basis:

Pro-marijuana group ResponsibleOhio has drafted a law that would allow Ohioans convicted of certain marijuana crimes to expunge their records if the group’s marijuana legalization proposal is approved by voters this fall.

The proposed initiated statute would allow Ohioans who were convicted of a marijuana offense to have their records expunged. On Wednesday, the group submitted language to the Ohio attorney general for approval. ResponsibleOhio plans to propose legalizing marijuana for personal and medical use through a constitutional amendment on this November’s ballot. The expungement issue would come next year.

“We believe that we should not keep people unfairly shackled to their past when marijuana is legalized,” ResponsibleOhio Executive Director Ian James said in a news release. The group’s “Fresh Start Act” would first go before state lawmakers. If lawmakers vote it down or do not act within four months, Ohio voters would then vote on the law. Even if approved by voters, lawmakers could still change or repeal the language in state law.

In Ohio, expungement typically means the records are sealed unless opened by court order. But in recent years, state lawmakers have allowed records to be expunged, or destroyed, for committing two crimes later made legal: Storing a loaded firearm in a vehicle and soliciting sex as a victim of human trafficking.

The proposed statute mirrors the concealed carry language. ResponsibleOhio spokeswoman Faith Oltman said lawmakers should be in favor of extending that opportunity to past marijuana convictions. Oltman said offering the idea as an initiated statute gives lawmakers an opportunity to review and revise the language before voters weigh in. “An amendment meant the legislature couldn’t manipulate or alter this piece of good public policy we created,” Oltman said. “The Fresh Start Act is more straight forward so not as many guardrails needed to be put in place.”

Records would not be automatically destroyed. Individuals would have to file an application in court and prosecutors would have the opportunity to weigh in before the judge makes a final decision….

If the petition language is approved by the attorney general and bipartisan Ohio Ballot Board, the group will then need to collect more than 91,677 signatures of Ohio voters. If lawmakers don’t pass the law within four months, petitioners would have to collect another 91,677 signatures to put the proposed law on the statewide ballot.