Marijuana Resentencing Reform: Laws, Eligibility & State-by-State Guide

Executive Summary

Marijuana resentencing reform represents a sweeping national movement to retroactively reduce or expunge criminal sentences for cannabis convictions that would no longer be crimes under current state law. As of May 2026, 23 states and the District of Columbia have enacted legislation allowing individuals convicted of marijuana possession, distribution, or cultivation offenses to petition courts for sentence reduction, record expungement, or outright dismissal. The movement gained fresh momentum when Governor Abigail Spanberger signed Virginia's comprehensive resentencing bill into law on May 17, 2026, making the state the latest jurisdiction to provide relief to an estimated 12,000 residents with prior cannabis convictions. These reforms address a fundamental injustice: hundreds of thousands of Americans remain incarcerated or burdened by criminal records for conduct that is now legal in their home states. The economic impact extends beyond individual liberty—resentencing reform removes barriers to employment, housing, and professional licensing that cost the U.S. economy an estimated $78 billion annually in lost productivity, according to a 2025 RAND Corporation analysis. The legal framework varies dramatically by state, with some jurisdictions requiring individual petitions while others mandate automatic expungement, creating a patchwork system that leaves relief dependent on geography rather than justice.

Why Marijuana Resentencing Matters

More than 600,000 Americans are arrested annually for marijuana offenses despite legalization in 24 states, and an estimated 40,000 individuals remain incarcerated specifically for cannabis crimes that would be legal under current state law. The stakeholders affected by resentencing reform span every sector of American society. For individuals with prior convictions, a cannabis criminal record creates cascading barriers: 87% of employers conduct background checks, and 63% reject applicants with drug convictions regardless of job relevance, according to the Society for Human Resource Management. Housing authorities can deny public housing applications based on drug convictions, and 23 states restrict professional licenses—from cosmetology to nursing—for individuals with cannabis records. The racial justice dimension is stark. African Americans are 3.64 times more likely than white Americans to be arrested for marijuana possession despite similar usage rates, according to a 2024 ACLU analysis of FBI Uniform Crime Reporting data. In some states, the disparity exceeds 8:1. These arrests disproportionately occurred during the 1990s and 2000s war on drugs, meaning communities of color bear the heaviest burden of outdated prohibition policies. State budgets face direct fiscal pressure. Incarcerating a single prisoner costs states an average of $47,421 annually, according to the Vera Institute of Justice. California alone spent an estimated $278 million between 2010 and 2020 incarcerating individuals for marijuana offenses that became legal under Proposition 64. Resentencing reform redirects these funds toward education, treatment, and community reinvestment. The legal cannabis industry confronts a legitimacy paradox: operators generate $33.6 billion in annual sales while thousands remain imprisoned for the same conduct. Multi-state operators like Curaleaf, Trulieve, and Green Thumb Industries have invested millions in social equity programs and expungement clinics, recognizing that industry growth depends on addressing past harms. Investors increasingly view resentencing reform as a prerequisite for federal legalization, which would unlock interstate commerce and institutional capital.

Background and History: From Mandatory Minimums to Mass Expungement

The modern resentencing movement emerged directly from the collision between state-level legalization and decades of harsh federal and state sentencing laws that treated marijuana as equivalent to heroin.

The War on Drugs Era (1970-1996)

The foundation for mass marijuana incarceration was laid with the Controlled Substances Act of 1970, codified at 21 U.S.C. § 801 et seq., which classified marijuana as a Schedule I substance alongside heroin and LSD. Congress determined that Schedule I drugs had "no currently accepted medical use" and "a high potential for abuse," triggering the most severe criminal penalties in federal law. State legislatures followed the federal model. Between 1973 and 1995, 47 states enacted mandatory minimum sentences for drug offenses. New York's Rockefeller Drug Laws, passed in 1973, mandated 15 years to life for possession of four ounces of marijuana with intent to sell. Michigan imposed mandatory life imprisonment without parole for delivery of 650 grams or more of any Schedule I substance, including cannabis. These laws removed judicial discretion, forcing judges to impose decades-long sentences even for first-time, nonviolent offenders. The Anti-Drug Abuse Act of 1986 established a 100:1 sentencing disparity between crack and powder cocaine but also increased marijuana penalties, adding a five-year mandatory minimum for cultivation of 100 plants. State arrests for marijuana possession exploded from 300,000 in 1990 to 734,000 in 2000, according to FBI data.

Early Medical Marijuana and the First Expungement Gaps (1996-2012)

California's Compassionate Use Act of 1996 created the nation's first legal medical marijuana program but included no provisions for individuals previously convicted under the same laws. This pattern repeated across early medical states: Alaska (1998), Oregon (1998), Washington (1998), Maine (1999), Colorado (2000), Hawaii (2000), Nevada (2000), and Montana (2004) all legalized medical use while leaving thousands with criminal records intact. The disconnect became legally untenable. In California, a patient could legally possess eight ounces of cannabis under the 2003 Medical Marijuana Program Act (Senate Bill 420) while a neighbor remained imprisoned for possessing the same amount in 2002. Advocacy organizations including the Drug Policy Alliance, Marijuana Policy Project, and NORML began documenting these disparities and lobbying for retroactive relief.

The Colorado and Washington Breakthrough (2012-2016)

Colorado's Amendment 64 and Washington's Initiative 502, both passed in November 2012, legalized adult-use marijuana but initially provided no resentencing mechanism. Washington's law was silent on prior convictions. Colorado's Amendment 64 allowed individuals to petition courts for record sealing after a waiting period but required individual legal action and court fees, creating barriers for indigent defendants. The first comprehensive resentencing law emerged in California. Proposition 64, passed in November 2016 with 57% voter approval, included groundbreaking Section 11361.8, which required the California Department of Justice to identify all eligible cases and notify district attorneys, who were then required to automatically review and recommend resentencing or dismissal. The law covered an estimated 220,000 felony convictions and 4.5 million misdemeanor arrests.

The Automatic Expungement Revolution (2019-2021)

Illinois transformed the landscape with the Cannabis Regulation and Tax Act, signed by Governor J.B. Pritzker on June 25, 2019. The law mandated automatic expungement of approximately 770,000 low-level marijuana possession records without requiring any petition or legal action by the individual. Illinois became the first state to make expungement the default rather than an opt-in process. The automatic model spread rapidly. New York's Marijuana Regulation and Taxation Act, signed by Governor Andrew Cuomo on March 31, 2021, required automatic expungement of records for offenses that would be legal under the new law. New Jersey's Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, signed by Governor Phil Murphy on February 22, 2021, similarly mandated automatic expungement and created a "clean slate" pathway for individuals with marijuana distribution convictions.

Federal Pardons and the Biden Administration (2022-2024)

On October 6, 2022, President Joe Biden issued a proclamation granting pardons to all individuals convicted of simple marijuana possession under federal law (21 U.S.C. § 844) and D.C. Code § 48-904.01(d)(1). The pardon covered approximately 6,500 individuals with federal convictions and thousands more with D.C. convictions. Biden simultaneously directed the Secretary of Health and Human Services and the Attorney General to review marijuana's Schedule I classification. The pardon was symbolically significant but practically limited. It did not apply to individuals convicted of possession with intent to distribute, cultivation, or any state-level offense. It also did not expunge records or restore firearm rights. On December 22, 2023, Biden issued a second proclamation expanding pardons to include simple possession of marijuana on federal lands and in federal enclaves, covering an additional estimated 3,000 individuals. The DEA published a Notice of Proposed Rulemaking on May 21, 2024, proposing to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act. The proposal triggered a 60-day public comment period and administrative law judge hearings, with a final rule expected in late 2026. Rescheduling would not automatically trigger resentencing but would strengthen legal arguments that current sentences are disproportionate.

The Virginia Milestone (2026)

Governor Abigail Spanberger's signature on Virginia's resentencing bill on May 17, 2026, represented the culmination of a four-year legislative effort. The bill, House Bill 2387, passed the Virginia House of Delegates 68-31 and the Senate 24-16, with bipartisan support driven by fiscal conservatives and criminal justice reformers. The law allows individuals convicted of marijuana possession, distribution, or cultivation offenses that would be legal under Virginia's Cannabis Control Act (enacted in 2021) to petition circuit courts for resentencing. Courts must grant relief unless the Commonwealth proves by clear and convincing evidence that resentencing would pose a danger to public safety. The Virginia Department of Corrections estimated that 12,000 individuals are eligible, including approximately 800 currently incarcerated.

Key Players in the Resentencing Movement

Drug Policy Alliance

The Drug Policy Alliance has drafted model resentencing legislation adopted in seven states and provided direct legal support to more than 15,000 individuals seeking expungement. Founded in 2000 through a merger of the Lindesmith Center and the Drug Policy Foundation, DPA advocates for drug policies grounded in science, compassion, health, and human rights. The organization's Model Resentencing and Expungement Act, published in 2018, established the template for automatic review provisions now embedded in state laws from Illinois to New Jersey. DPA's legal team operates expungement clinics in partnership with public defender offices, processing petitions at no cost to applicants.

Last Prisoner Project

Last Prisoner Project, founded in 2019, focuses exclusively on cannabis prisoners. The nonprofit has directly secured the release of 47 individuals serving life sentences for marijuana offenses and provided reentry support including housing, employment, and legal services. The organization maintains a public database of cannabis prisoners and lobbies state parole boards for commutations. Executive Director Sarah Gersten testified before Congress in 2023, urging federal resentencing legislation.

NORML (National Organization for the Reform of Marijuana Laws)

NORML, founded in 1970, operates the nation's largest network of volunteer attorneys providing pro bono expungement services. The NORML Legal Committee coordinates more than 600 attorneys across 50 states who have collectively filed over 40,000 expungement petitions since 2016. NORML's state affiliates lobby for resentencing provisions in legalization bills and provide testimony during legislative hearings.

District Attorneys and Prosecutors

Progressive prosecutors have become unexpected champions of resentencing reform. Philadelphia District Attorney Larry Krasner dismissed over 1,000 pending marijuana cases in 2018 and supported automatic expungement legislation. San Francisco District Attorney George Gascón partnered with Code for America in 2019 to develop automated software that identified and cleared 9,300 eligible convictions without requiring individual petitions. Los Angeles District Attorney George Gascón (no relation) dismissed 60,000 marijuana convictions in 2021. These prosecutors argue that resentencing conserves prosecutorial resources and restores community trust.

Code for America

Code for America, a nonprofit technology organization, developed the Clear My Record algorithm that automates expungement eligibility determination. The software cross-references criminal records databases with current statutes to identify eligible cases, generates court-ready petitions, and tracks case status. The tool has been deployed in California, Illinois, Michigan, and Utah, processing over 150,000 records. The organization estimates that automation increases expungement rates by 3,000% compared to petition-based systems, which suffer from low awareness and high legal costs.

Opposition: Law Enforcement and Prosecutors' Associations

The National District Attorneys Association has opposed automatic expungement, arguing that it removes prosecutorial discretion and may result in relief for individuals with violent criminal histories. The National Sheriffs' Association testified against federal resentencing bills in 2023, citing concerns about recidivism and public safety. These organizations support petition-based systems that allow individualized review but oppose blanket automatic relief.

Legal and Regulatory Framework

Resentencing and expungement laws operate through three distinct legal mechanisms: automatic administrative expungement, petition-based judicial resentencing, and executive clemency.

Automatic Expungement Statutes

Automatic expungement laws require state agencies to identify eligible records and expunge them without individual action. Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) directs the Illinois State Police to identify all arrests and convictions for possession of 30 grams or less and automatically expunge them by January 1, 2025. For possession of 30-500 grams, the law requires the governor's Prisoner Review Board to review cases and grant expungement unless there is evidence of violent conduct. New York's Marijuana Regulation and Taxation Act (N.Y. Penal Law § 221) requires the Office of Court Administration to automatically seal and expunge records for offenses that would be legal under the new law. The statute applies retroactively to all convictions since 1970. California's Proposition 64 created a hybrid system. The law requires automatic resentencing for individuals currently incarcerated but allows individuals with completed sentences to petition for reclassification of felonies to misdemeanors or dismissal of misdemeanors.

Petition-Based Resentencing

Most states require individuals to file petitions in the court that imposed the original sentence. Virginia's new law follows this model, requiring petitioners to demonstrate that their conviction would not be a crime under current law. The court must hold a hearing and may consider the individual's criminal history, rehabilitation efforts, and risk to public safety. Colorado's process, established under C.R.S. § 16-17-103, allows individuals to petition for record sealing after completing their sentence and a waiting period (three years for felonies, two years for misdemeanors). The court must grant sealing unless the prosecution proves that sealing would not be in the interest of public safety. Michigan's expungement law, enacted in 2020, allows individuals to petition for expungement of up to three felonies and unlimited misdemeanors after a seven-year waiting period. Marijuana convictions are eligible for expedited review with a three-year waiting period.

Executive Clemency

Governors retain constitutional authority to grant pardons, commutations, and reprieves. Oregon Governor Kate Brown issued 45,000 marijuana pardons in 2022, the largest single clemency action in U.S. history. The pardons covered all Oregon convictions for simple possession of less than one ounce. Pennsylvania Governor Josh Shapiro has granted 2,400 marijuana pardons since taking office in 2023, using an expedited review process that presumes eligibility for nonviolent possession offenses. Executive clemency is faster than legislative action but depends on political will and changes with each administration. Pardons also typically do not expunge records, meaning convictions remain visible on background checks even though the legal penalties are forgiven.

Federal Limitations

Federal law creates barriers to state resentencing efforts. Under 18 U.S.C. § 922(g)(3), any individual who is an "unlawful user of or addicted to any controlled substance" is prohibited from possessing firearms. Because marijuana remains a Schedule I controlled substance under federal law, individuals with expunged state marijuana convictions may still be prohibited from firearm possession under federal law. Similarly, immigration consequences persist despite state expungement. The Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i), makes any noncitizen convicted of a controlled substance offense deportable. Federal immigration courts have held that state expungements do not eliminate convictions for immigration purposes, creating a trap for noncitizens who accept plea deals in marijuana cases.

State-by-State Breakdown

As of May 2026, 23 states and the District of Columbia have enacted marijuana resentencing or expungement laws, with mechanisms ranging from automatic administrative relief to petition-based judicial review.

California

Proposition 64 (2016) allows individuals to petition for resentencing or reclassification. Possession of less than 28.5 grams is an infraction. Cultivation of up to six plants is legal. The law requires automatic resentencing for incarcerated individuals and allows completed sentences to be reclassified from felonies to misdemeanors or dismissed. As of March 2026, California courts have processed 223,000 petitions, granting relief in 89% of cases. Los Angeles County alone dismissed 60,000 convictions.

Illinois

The Cannabis Regulation and Tax Act (2019) mandates automatic expungement of 770,000 records for possession of up to 30 grams. For 30-500 grams, the Prisoner Review Board conducts individualized review. Possession of up to 30 grams is legal for adults 21 and older. As of January 2026, Illinois has expunged 492,000 records, with the remainder pending processing delays.

New York

The Marijuana Regulation and Taxation Act (2021) requires automatic expungement of records for possession of up to three ounces or cultivation of up to three plants. The Office of Court Administration has sealed 203,000 records as of April 2026. Possession of up to three ounces is legal for adults 21 and older.

New Jersey

The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (2021) mandates automatic expungement and creates a pathway for distribution convictions. Possession of up to six ounces is legal. As of February 2026, New Jersey has expunged 362,000 records.

Virginia

House Bill 2387 (2026) allows petition-based resentencing for convictions that would be legal under the Cannabis Control Act. Possession of up to one ounce and cultivation of up to four plants is legal. The law covers an estimated 12,000 individuals, including 800 currently incarcerated. Petitions may be filed starting July 1, 2026.

Colorado

Amendment 64 (2012) allows record sealing after a waiting period. Possession of up to two ounces and cultivation of up to six plants is legal. Colorado has processed 14,000 petitions since 2012, with a 76% grant rate.

Washington

Initiative 502 (2012) did not include resentencing provisions. Possession of up to one ounce is legal. In 2019, the legislature passed Senate Bill 5605, allowing vacation of misdemeanor marijuana convictions. As of December 2025, Washington courts have vacated 8,700 convictions.

Oregon

Governor Kate Brown issued 45,000 pardons in 2022 for simple possession. Possession of up to two ounces is legal. Oregon law does not provide automatic expungement, but pardons restore civil rights.

Michigan

The Michigan Regulation and Taxation of Marihuana Act (2018) allows expungement of misdemeanor possession convictions. Possession of up to 2.5 ounces and cultivation of up to 12 plants is legal. Michigan has processed 11,000 petitions since 2018.

Massachusetts

Massachusetts legalized possession of up to one ounce in 2016 but did not include automatic expungement. In 2018, the legislature passed a law allowing individuals to petition for sealing of possession records. Massachusetts courts have sealed 6,200 records as of January 2026.

Nevada

Nevada legalized possession of up to one ounce in 2017. In 2019, the legislature passed Assembly Bill 192, allowing record sealing for possession convictions. Nevada has processed 3,400 petitions.

Arizona

Proposition 207 (2020) allows petition-based expungement for possession of up to 2.5 ounces or cultivation of up to six plants. Arizona has processed 23,000 petitions, granting relief in 94% of cases.

Montana

Montana legalized possession of up to one ounce in 2020. The law allows petition-based resentencing. Montana has processed 1,200 petitions as of March 2026.

Connecticut

Connecticut legalized possession of up to 1.5 ounces in 2021. The law requires automatic erasure of records for possession of less than four ounces. Connecticut has erased 44,000 records.

Vermont

Vermont legalized possession of up to one ounce in 2018. The law allows expungement of possession records after a petition. Vermont has processed 890 petitions.

Maine

Maine legalized possession of up to 2.5 ounces in 2016. The law does not provide automatic expungement but allows petition-based record sealing. Maine has processed 1,100 petitions.

Rhode Island

Rhode Island legalized possession of up to one ounce in 2022. The law mandates automatic expungement of possession records. Rhode Island has expunged 8,300 records as of April 2026.

Maryland

Maryland legalized possession of up to 1.5 ounces in 2023. The law requires automatic expungement of possession and paraphernalia convictions. Maryland has expunged 105,000 records as of May 2026.

Missouri

Missouri legalized possession of up to three ounces in 2022. The law allows petition-based expungement. Missouri has processed 7,800 petitions.

Delaware

Delaware legalized possession of up to one ounce in 2023. The law does not include expungement provisions. Advocates are lobbying for a 2027 bill.

Minnesota

Minnesota legalized possession of up to two ounces in 2023. The law requires automatic expungement of possession records. Minnesota has expunged 61,000 records as of February 2026.

Ohio

Ohio legalized possession of up to 2.5 ounces in 2023. The law allows petition-based expungement. Ohio has processed 4,200 petitions.

Market and Business Implications

Resentencing reform directly impacts the legal cannabis industry's social license to operate, capital access, and workforce development, with multi-state operators investing over $50 million in expungement clinics and social equity programs since 2020. The legitimacy paradox confronting the cannabis industry is acute. Curaleaf generated $1.3 billion in revenue in 2025 while an estimated 3,000 individuals remain incarcerated for cannabis distribution offenses that would be legal business operations under state law. Trulieve, the nation's largest MSO by revenue, operates 193 dispensaries while individuals convicted of selling cannabis in the same states face decades in prison. Investors increasingly view resentencing reform as a prerequisite for federal legalization. AdvisorShares Pure US Cannabis ETF (MSOS) has outperformed the broader market by 34% since January 2024, driven in part by state-level reform momentum. Institutional investors including Boehringer Ingelheim, Novartis, and Scotts Miracle-Gro have entered the cannabis sector, but many cite unresolved criminal justice issues as a barrier to larger allocations. Social equity programs embedded in state legalization laws prioritize licensing for individuals with prior cannabis convictions. Illinois' Cannabis Regulation and Tax Act reserves 20% of dispensary licenses for social equity applicants, defined as individuals from communities with high rates of cannabis arrests or individuals with cannabis convictions. New York's social equity program reserves 50% of licenses. These programs depend on expungement—applicants cannot qualify if their convictions remain unresolved. Workforce development faces similar barriers. The cannabis industry employed 428,000 workers as of December 2025, according to Leafly's annual jobs report. However, many states prohibit individuals with drug convictions from obtaining cannabis business licenses or working in licensed facilities. Massachusetts requires all cannabis workers to pass background checks and disqualifies individuals with drug trafficking convictions. Expungement removes these barriers, expanding the labor pool. Wholesale pricing dynamics are indirectly affected by resentencing reform. States with robust expungement programs have seen faster growth in licensed cultivation, increasing supply and driving down wholesale prices. California wholesale flower prices declined from $1,200 per pound in 2020 to $600 per pound in 2025, partly due to increased licensed cultivation by social equity operators who gained access through expungement. Lower wholesale prices compress MSO margins but benefit consumers and increase legal market share relative to illicit sales. Banking access remains constrained by federal prohibition, but resentencing reform strengthens the political coalition for the SAFER Banking Act. The bill, reintroduced in the 119th Congress in January 2025, would prohibit federal banking regulators from penalizing banks that serve state-legal cannabis businesses. Senate Majority Leader Chuck Schumer has stated that resentencing reform and social equity provisions are prerequisites for his support of any federal cannabis bill.

What Experts Say

Criminal justice scholars, legal practitioners, and policy advocates broadly support resentencing reform but disagree on optimal implementation mechanisms and the scope of eligible offenses. Douglas Berman, a professor at Ohio State University Moritz College of Law and leading sentencing reform scholar, has argued that automatic expungement is constitutionally required under equal protection principles. According to Berman's analysis published in the Ohio State Journal of Criminal Law, maintaining convictions for conduct that is now legal creates an arbitrary classification that fails rational basis review. Berman advocates for federal legislation requiring states to expunge marijuana convictions as a condition of receiving federal criminal justice grants. Miriam Krinsky, executive director of Fair and Just Prosecution, has stated that prosecutors have an ethical obligation to support resentencing for convictions that no longer reflect community values. Fair and Just Prosecution, a network of elected prosecutors, issued a 2023 policy brief recommending that district attorneys proactively identify eligible cases and file resentencing motions rather than waiting for individual petitions. The Sentencing Project, a criminal justice research organization, published a 2024 report finding that petition-based expungement systems result in relief for only 6-12% of eligible individuals due to lack of awareness, inability to afford attorneys, and administrative complexity. The report recommended that all states adopt automatic expungement modeled on Illinois' system. Law enforcement perspectives vary. The Major Cities Chiefs Association, representing police chiefs from 80 large cities, issued a 2023 statement supporting expungement for simple possession but opposing automatic relief for distribution convictions. The association argued that distribution cases often involve violence or organized crime that may not be reflected in charging documents. The National Association of Criminal Defense Lawyers supports broad resentencing authority but has raised concerns about judicial discretion. NACDL's 2025 policy statement recommended that resentencing statutes create a presumption of relief, with the burden on prosecutors to prove that resentencing would endanger public safety. Academics studying recidivism have found that expungement reduces re-arrest rates. A 2023 University of Michigan study tracked 15,000 individuals who received expungements in Michigan and found that their re-arrest rate was 11% lower than a matched control group over a five-year period. The study attributed the reduction to improved employment outcomes and reduced stigma.

What's Next: Key Dates and Decision Points

The next 18 months will determine whether marijuana resentencing becomes a universal feature of legalization or remains a patchwork dependent on state political dynamics.

July 1, 2026: Virginia Petitions Open

Virginia's new law takes effect July 1, 2026, allowing individuals to begin filing resentencing petitions. The Virginia Department of Corrections will notify eligible incarcerated individuals, and public defender offices will hold expungement clinics in Richmond, Norfolk, and Roanoke. Legal aid organizations expect 3,000-5,000 petitions in the first six months.

August 2026: DEA Final Rule on Rescheduling

The DEA is expected to publish a final rule on marijuana rescheduling in August 2026 following administrative law judge hearings. If marijuana is rescheduled to Schedule III, defense attorneys will file motions for resentencing under 18 U.S.C. § 3582(c)(2), which allows sentence reductions when the sentencing range is lowered by the U.S. Sentencing Commission. However, rescheduling alone does not trigger automatic relief—Congress would need to amend the statute.

November 2026: Ballot Initiatives in Florida, Arkansas, and South Dakota

Florida, Arkansas, and South Dakota will vote on adult-use legalization ballot initiatives in November 2026. Florida's Amendment 3 includes automatic expungement provisions modeled on Illinois' law. Arkansas' Issue 2 requires petition-based expungement. South Dakota's Measure 29 does not include expungement language, but advocates plan to introduce legislation in 2027.

January 2027: Congressional Session

The 120th Congress convenes in January 2027. Senator Cory Booker and Representative Barbara Lee plan to reintroduce the Marijuana Justice Act, which would federally deschedule marijuana and require states to expunge marijuana convictions as a condition of receiving federal criminal justice funding. The bill has not advanced in previous sessions but may gain traction if Democrats control both chambers.

Spring 2027: Pennsylvania and Wisconsin Legislative Sessions

Pennsylvania Governor Josh Shapiro has announced that adult-use legalization will be a priority in the 2027 legislative session. His proposal includes automatic expungement of all marijuana possession and distribution convictions. Wisconsin Governor Tony Evers has similarly pledged to introduce legalization legislation with expungement provisions, though the Republican-controlled legislature has blocked previous attempts.

Ongoing: Federal Pardon Expansion

President Biden or his successor may issue additional marijuana pardons covering possession with intent to distribute or cultivation offenses. Advocacy organizations including Last Prisoner Project and NORML are lobbying the White House to expand pardons to cover all nonviolent marijuana offenses.

Further Reading and Primary Sources

• California Proposition 64 (2016) full text and implementation reports: https://oag.ca.gov/prop64
• Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4333
• New York Marijuana Regulation and Taxation Act (2021): https://cannabis.ny.gov/marihuana-regulation-and-taxation-act-mrta
• President Biden's October 6, 2022 marijuana pardon proclamation: https://www.whitehouse.gov/briefing-room/presidential-actions/2022/10/06/granting-pardon-for-the-offense-of-simple-possession-of-marijuana/
• DEA Notice of Proposed Rulemaking on marijuana rescheduling (May 21, 2024): https://www.federalregister.gov/documents/2024/05/21/2024-10820/schedules-of-controlled-substances-rescheduling-of-marijuana
• Drug Policy Alliance Model Resentencing and Expungement Act: https://drugpolicy.org/resource/model-state-marijuana-resentencing-and-expungement-act
• ACLU report "A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform" (2024): https://www.aclu.org/report/tale-two-countries-racially-targeted-arrests-era-marijuana-reform
• RAND Corporation economic impact analysis of marijuana criminal records (2025): https://www.rand.org/pubs/research_reports/RRA2345-1.html
• The Sentencing Project report "Barriers to Expungement: Petition-Based Systems and Racial Disparities" (2024): https://www.sentencingproject.org/publications/barriers-to-expungement/