How Will the New Minnesota Law Legalizing Adult-Use Cannabis Affect Expungements?

by Derek Thooft

The legalization of adult-use cannabis in Minnesota is set to take effect on August 1st, bringing significant changes. Among the many aspects impacted by this new law, expungements for individuals with prior marijuana convictions will be an important consideration. 

Eligibility for Expungement:

Under the newly passed Bill H.F. 100, individuals with petty misdemeanor and misdemeanor marijuana convictions will be eligible for automatic expungement. This provision aims to provide relief to those previously convicted for lower-level cannabis offenses.

Determining Expungements:

The process of expungement begins with the Bureau of Criminal Apprehension, which identifies individuals eligible for expungement. Subsequently, the Cannabis Expungement Board reviews other marijuana convictions. This board consists of five members, including the chief justice of the supreme court or a designee, the attorney general or a designee, one public defender, one commissioner, and one public member.

Factors Considered by the Cannabis Expungement Board:

The Cannabis Expungement Board assesses various factors when determining eligibility for expungement. These factors include whether the offense involved violence or had a victim and the quantity of marijuana involved in the offense. The board also evaluates whether it is in the public’s best interest to grant expungement or if re-sentencing would be a more suitable option. Typically, expungements are presumed to be in the public interest unless clear and convincing evidence suggests otherwise. In such cases, a resentence with a lesser degree of conviction may be considered.

Assistance from Thooft Law:

Further, understanding the eligibility criteria is essential for those seeking expungement. Thooft Law is here to help you navigate the complex and personal expungement process. With our experience in helping clients across various situations, our team is prepared and dedicated to support you. To learn more, please contact us or email us at You can also find us on Facebook, Thooft Law, LLC.