HF1094 (Legislative Session 94 (2025-2026))
Expungements or resentencings involving past cannabis crimes eligibility clarified.
Related bill: SF204
AI Generated Summary
House File No. 1094 is a legislative bill related to public safety, specifically focusing on the eligibility for expungements or resentencing for certain cannabis-related offenses in Minnesota. This bill aims to amend the existing law as stated in the Minnesota Statutes 2024, section 609A.06, subdivision 3. Below is a simplified summary of the key points of this bill:
Eligibility Criteria:
- Individuals convicted or adjudicated for a cannabis offense involving either the sale or possession of marijuana or tetrahydrocannabinols (THC) are eligible for expungement or resentencing to a lesser offense.
- Specific statutes outlined for eligibility include sections:
- 152.021 subdivisions 1 and 2, clauses 6
- 152.022 subdivisions 1 and 2, clauses 5, 6, and 7 item iii
- 152.023 subdivisions 1 and 2, clause 5
- 152.024 subdivision 4
- 152.025 subdivision 2, clause 1
- These sections encompass various degrees (first through fifth) of controlled substance crimes related to cannabis.
Conditions for Eligibility:
- The offense should not involve the use of a dangerous weapon.
- There should be no intentional infliction of bodily harm or attempt to inflict such harm.
- The offense should not include an act intended to cause fear of immediate bodily harm or death.
Nature of the Offense after New Legislation:
- The act leading to the charge must be considered a lesser offense or not a crime at all after the legislation effective from August 1, 2023.
- A "lesser offense" is determined as a non-felony if the original charge was a felony.
Appeal Status:
- Eligibility extends to those who did not appeal their conviction, had their appeal denied, or where the deadline to file an appeal has expired.
This bill is primarily designed to facilitate the process of expungement or resentencing for individuals previously convicted of cannabis-related offenses, which are now considered less severe or no longer criminal under new cannabis laws.
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 16, 2025 | House | Floor | Action | Introduction and first reading, referred to | Public Safety Finance and Policy |
| March 31, 2025 | House | Floor | Action | Committee report, to adopt as amended | |
| March 31, 2025 | House | Floor | Action | Second reading |
Citations
[
{
"analysis": {
"added": [
"Clarifies eligibility for persons involved in cannabis offenses for expungements or resentencing."
],
"removed": [],
"summary": "This bill modifies eligibility for expungements or resentencings involving past cannabis crimes under section 609A.06.",
"modified": [
"Amends subdivision 3 to specify conditions and offenses eligible under the expungement law."
]
},
"citation": "609A.06"
},
{
"analysis": {
"added": [
"Inclusion of clause 6 for first and second-degree controlled substance offenses."
],
"removed": [],
"summary": "The bill references section 152.021 relating to controlled substance crimes.",
"modified": []
},
"citation": "152.021"
},
{
"analysis": {
"added": [
"Inclusion of clauses 5, 6, and item iii for certain offenses."
],
"removed": [],
"summary": "The bill references section 152.022 relating to controlled substance crimes.",
"modified": []
},
"citation": "152.022"
},
{
"analysis": {
"added": [
"Inclusion of clause 5 for offenses."
],
"removed": [],
"summary": "The bill references section 152.023 relating to controlled substance crimes.",
"modified": []
},
"citation": "152.023"
},
{
"analysis": {
"added": [
"Includes subdivision 4 for certain offenses as eligible."
],
"removed": [],
"summary": "The bill references section 152.024 relating to controlled substance crimes.",
"modified": []
},
"citation": "152.024"
},
{
"analysis": {
"added": [
"Inclusion of subdivision 2, clause 1 as an eligible offense for expungement."
],
"removed": [],
"summary": "The bill references section 152.025 relating to controlled substance crimes.",
"modified": []
},
"citation": "152.025"
}
]