Thousands of cannabis convictions set to vanish

As New Mexicans 21 or older step into retail shops to legally purchase cannabis for recreational use, tens of thousands of people in the state still have cannabis-related convictions on their records. That’s set to change, though.

In April of 2021, Gov. Michelle Lujan Grisham enacted new laws that legalized the use and possession of cannabis and called for the automatic expungement of previous cannabis-related criminal records.

The new law requires that many charges and convictions related to cannabis — like charges stemming from possession of weed or paraphernalia — be automatically removed from law enforcement and court databases that are accessible to the public.

Prior to the new law, expungement of cannabis convictions was possible, but it required anyone with charges or convictions to file a petition in court, a process that was often “costly and confusing,” according to Emily Kaltenbach, senior director of the national nonprofit Drug Policy Alliance.

The new law is designed to initiate eligible expungements without individuals having to file any paperwork or pay any court fees.

“New Mexico now has one of the best automatic expungement laws for cannabis in the country,” Kaltenbach said.

The New Mexico Department of Public Safety has identified around 155,000 arrests or convictions that are eligible for automatic expungement and dismissal. And in some cases, prison or jail sentences could be reduced as well.

Only cannabis-related charges can be dropped, however. For instance, if someone was convicted several years ago of a shoplifting offense, and during the arrest was also charged with possession of cannabis, the cannabis conviction would be removed from their public record, but the shoplifting conviction would remain.

Each instance of possible expungement or sentence reduction will be reviewed by prosecutors in the judicial district where the charge or conviction was filed. Prosecutors have until July 1 to raise any objections.

Kaltenbach said the law doesn’t spell out or limit what objections a prosecutor can levy, but she believes most instances would be limited to cases that are legitimately not eligible for expungement.

“If there was a mistake and someone flagged a case for expungement for someone who sold cannabis to a minor, I could see that a prosecutor could say ‘Hey, this doesn’t fall under the guidelines,’” she said.