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Missouri appeals court overturns denial of expungement of marijuana charges
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Missouri appeals court overturns denial of expungement of marijuana charges

KANSAS CITY, Missouri (KCTV) — A judge’s decision to deny Missourians convicted of THC possession expungement of their records was overturned this week by the Missouri Court of Appeals.

The Western District of the Missouri Court of Appeals has issued a ruling affirming that cases in which a defendant was convicted of THC possession should be expunged from a criminal record, the result of an article in the Missouri Constitution approved by voters in November 2022.

The appeals court explained that despite the fact that possession of THC can be charged separately from possession of marijuana, THC is now legal for adults under the provisions of Article XIV and therefore offenses related to THC possession must be expunged in the same way as marijuana-related offenses.

A judge in Lafayette County initially refused to expunge the criminal records of defendants convicted of THC possession.

Dan Viets, chairman of the NORML national board, said the decision clearly refutes arguments made by Missouri Attorney General Andrew Bailey that possession of THC does not fall under Article 14.

“The Western District Court relied on the clear language of Article XIV when it found that the Missouri Constitution requires that THC possession cases be expunged in the same manner as marijuana possession cases,” Viets said.

The Court of Appeal’s decision can be read in full here.

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