Minnesota Agencies

The Cannabis Expungement Board shall have the following powers and duties: to obtain and review the records, including but not limited to all matters, files, documents, and papers incident to the arrest, indictment, information, trial, appeal, or dismissal and discharge, which relate to a charge for sale or possession of a controlled substance; to determine whether a person committed an act involving the sale or possession of cannabis flower or cannabinoid products that would either be a lesser offense or no longer be a crime after August 1, 2023; to determine whether a person's conviction should be vacated, charges should be dismissed, and records should be expunged, or whether the person should be resentenced to a lesser offense; to identify violations of section 152.027, subdivisions 3 and 4, that were not automatically expunged pursuant to section 609A.055; and to notify the judicial branch of individuals eligible for an expungement or resentencing to a lesser offense.

Until the board completes its work, the board shall issue a report by January 15 of each year to the legislative committees and divisions with jurisdiction over public safety policy and finance on the board's work.

The legislation that created this board outlines eligibility for expungement in Minn. Stat. 609A.06, subd. 3. The Bureau of Criminal Apprehension shall identify convictions and sentences where adjudication was stayed that qualify for review. The Cannabis Expungement Board shall hold meetings at least monthly and shall hold a meeting whenever the board takes formal action on a review of a conviction or stay of adjudication for an offense involving the sale or possession of marijuana or tetrahydrocannabinols.

Beginning August 1, 2023, through March 1, 2024, the Department of Corrections must provide the Cannabis Expungement Board with administrative assistance, technical assistance, office space, and other assistance necessary for the board to carry out its duties under Minnesota Statutes, section 609A.06. The Cannabis Expungement Board shall reimburse the Department of Corrections for the services and space provided.

The Cannabis Expungement Board shall determine when it has completed its work.

The Cannabis Expungement Board is composed of the following members: the chief justice of the supreme court or a designee; the attorney general or a designee; one public defender, appointed by the governor upon recommendation of the state public defender; the commissioner of corrections or a designee; and one public member with relevant experience, appointed by the governor.

In appointing the public member, the governor shall prioritize appointment of an individual with experience as an advocate for victim's rights.

The governor must appoint the initial executive director of the Cannabis Expungement Board. The executive director must be knowledgeable about expungement law and criminal justice. The executive director serves at the pleasure of the board in the unclassified service as an executive branch employee.

Executive Director: James Rowader, March 25, 2024 -