Most states that legalized cannabis offered some form of criminal record expungement, but access varied widely
A survey of 39 states and DC found most jurisdictions with decriminalized or legalized cannabis offered some criminal record relief, but the type, accessibility, and scope of expungement varied enormously.
Quick Facts
What This Study Found
Most states that decriminalized or legalized cannabis provided some form of criminal record clearing, but approaches ranged from automatic expungement to petition-based processes requiring legal assistance. Accessibility and scope of relief varied significantly.
Key Numbers
39 states and DC surveyed. Record relief options ranged from automatic expungement to petition-based processes. Availability and accessibility varied significantly across jurisdictions.
How They Did This
Survey of criminal record expungement availability and accessibility across 39 US states and Washington DC where cannabis was decriminalized or legalized as of 2022.
Why This Research Matters
Millions of Americans carry cannabis-related criminal records that affect employment, housing, and education. If legalization does not address existing records, it creates a two-tier system where past criminalization continues to harm communities.
The Bigger Picture
Cannabis prohibition disproportionately affected Black and Brown communities. Record expungement is a concrete step toward addressing that harm, but implementation gaps mean many people who should benefit from legalization still carry the consequences of prohibition.
What This Study Doesn't Tell Us
Legal landscape survey captures a snapshot in time. Legislation changes rapidly. Does not measure actual utilization rates or outcomes for people who pursue expungement. Does not assess effectiveness of automatic vs. petition-based approaches.
Questions This Raises
- ?What percentage of eligible people actually receive record clearing?
- ?Do automatic expungement programs achieve higher utilization than petition-based ones?
Trust & Context
- Key Stat:
- 39 states and DC surveyed; record relief options ranged from automatic to petition-based
- Evidence Grade:
- Comprehensive legislative survey. Describes what exists but does not evaluate effectiveness or utilization.
- Study Age:
- Published 2023. Data as of 2022.
- Original Title:
- Clearing cannabis criminal records: A survey of criminal record expungement availability and accessibility among US States and Washington DC that decriminalized or legalized cannabis.
- Published In:
- The International journal on drug policy, 114, 103983 (2023)
- Authors:
- Wakefield, Tanner(2), Bialous, Stella, Apollonio, Dorie E(6)
- Database ID:
- RTHC-05011
Evidence Hierarchy
Summarizes existing research on a topic.
What do these levels mean? →Frequently Asked Questions
Can cannabis criminal records be expunged?
In most states that have decriminalized or legalized cannabis, some form of record clearing is available. However, the type of relief (automatic vs. petition-based), the offenses covered, and the accessibility of the process vary enormously across jurisdictions.
Why does record expungement matter?
Cannabis-related criminal records affect employment, housing, education, and public benefits eligibility. Legalization prevents future arrests but does not automatically help the millions of people already carrying records from the prohibition era. Record clearing is necessary to fully address the harms of past enforcement.
Read More on RethinkTHC
Cite This Study
https://rethinkthc.com/research/RTHC-05011APA
Wakefield, Tanner; Bialous, Stella; Apollonio, Dorie E. (2023). Clearing cannabis criminal records: A survey of criminal record expungement availability and accessibility among US States and Washington DC that decriminalized or legalized cannabis.. The International journal on drug policy, 114, 103983. https://doi.org/10.1016/j.drugpo.2023.103983
MLA
Wakefield, Tanner, et al. "Clearing cannabis criminal records: A survey of criminal record expungement availability and accessibility among US States and Washington DC that decriminalized or legalized cannabis.." The International journal on drug policy, 2023. https://doi.org/10.1016/j.drugpo.2023.103983
RethinkTHC
RethinkTHC Research Database. "Clearing cannabis criminal records: A survey of criminal rec..." RTHC-05011. Retrieved from https://rethinkthc.com/research/wakefield-2023-clearing-cannabis-criminal-records
Access the Original Study
Study data sourced from PubMed, a service of the U.S. National Library of Medicine, National Institutes of Health.
This study breakdown was produced by the RethinkTHC research team. We analyze and report published research findings without making health recommendations. All interpretations are based solely on the published abstract and study data.