HF 1094

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 06/03/2025 10:47 a.m.

A bill for an act
relating to public safety; clarifying eligibility for certain expungements or
resentencings involving past cannabis crimes; amending Minnesota Statutes 2024,
section 609A.06, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609A.06, subdivision 3, is amended to read:

Subd. 3.

Eligibility; cannabis offense.

(a) A person is eligible for an expungement or
resentencing to a lesser offense if:

(1) the person was convicted of, or adjudication was stayed for, a violation of deleted text begin any of the
following deleted text end new text begin a first-, second-, third-, fourth-, or fifth-degree controlled substance crime new text end involving
the sale or possession of marijuana or tetrahydrocannabinols deleted text begin :
deleted text end

deleted text begin (i) section 152.021, subdivision 1, clause (6);
deleted text end

deleted text begin (ii) section 152.021, subdivision 2, clause (6);
deleted text end

deleted text begin (iii) section 152.022, subdivision 1, clause (5), or clause (7), item (iii);
deleted text end

deleted text begin (iv) section 152.022, subdivision 2, clause (6);
deleted text end

deleted text begin (v) section 152.023, subdivision 1, clause (5);
deleted text end

deleted text begin (vi) section 152.023, subdivision 2, clause (5);
deleted text end

deleted text begin (vii) section 152.024, subdivision (4); or
deleted text end

deleted text begin (viii) section 152.025, subdivision 2, clause (1) deleted text end new text begin under Minnesota Statutes 2023
Supplement, section 152.021, 152.022, 152.023, 152.024, or 152.025, or a previous version
of those or any other statutes criminalizing the possession, sale, transportation, or cultivation
of marijuana or tetrahydrocannabinols new text end ;

(2) the offense did not involve a dangerous weapon, the intentional infliction of bodily
harm on another, an attempt to inflict bodily harm on another, or an act committed with the
intent to cause fear in another of immediate bodily harm or death;

(3) the act on which the charge was based would either be a lesser offense or no longer
be a crime after August 1, 2023; and

(4) the person did not appeal the conviction, any appeal was denied, or the deadline to
file an appeal has expired.

(b) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the
person was charged with a felony.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end