The earlier post covered the benefits of SB420 for expunging marijuana convictions. SB420 only applies to a “qualifying marijuana conviction.” Let’s look at what this means:
Some convictions eligible for SB420 expungement include:
Possession of less than an ounce of marijuana
Possession of no more than 8 ounces of usable marijuana
Delivery of less than an ounce of usable marijuana
Manufacture of no more than 4 plants per household
ORS 475B.301 lists in detail the cases that are covered. They include possession, delivery, and manufacture of marijuana, cannabinoid products, and cannabinoid concentrates & extracts. However, there are strict limits on the amounts.
Cases not eligible for expedited expungement under SB420 include: delivery to minors, substantial quantities, and commercial drug offenses.
If your case is the type of charge covered by SB420 (see above), you must also meet these general requirements:
1. You must have completed or fully complied with the sentence of the court. In other words, you did what the judge ordered you to do. This may have included paying a fine, not using or possessing drugs, completing community service, completing a drug evaluation and treatment.
2. The offense must have happened before July 1, 2015.
3. You must have been at least 21 years old at the time of the offense (the age limit does not apply to PCS Less Than an Ounce). There is a separate law dealing with people under the age of 21 convicted of other marijuana offenses, and I will cover that next time.
*Remember, SB420 is a quick and easy way to expunge some marijuana convictions. If your case doesn’t qualify for SB420 expungement, it may be eligible for expungement under ORS 137.225.
This is a brief overview of eligibility. You should consult with a
qualified expungement attorney about the specifics of your case to see whether SB420 will work for you.