An Act to Vacate or Adjust Sentences and Expunge Arrests, Convictions and Adjudications for Cannabis-related Offenses
Maine Legislature, Session 131, LD 1646
Committee: Judiciary
Sponsors: BOYER, RISEMAN, BRAKEY, DANA, FAULKINGHAM, MILLIKEN, O'NEIL, TALBOT ROSS, WHITE, WILLIAMS, HICKMAN
Amends: 28-B MRSA §1101

Legislative Document
No. 1646
H.P. 1056
House of Representatives, April 12, 2023
An Act to Vacate or Adjust Sentences and Expunge Arrests, 
Convictions and Adjudications for Cannabis-related Offenses
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Poland.
Cosponsored by Representative RISEMAN of Harrison,
Senator BRAKEY of Androscoggin and
Representatives: DANA of the Passamaquoddy Tribe, FAULKINGHAM of Winter Harbor, 
MILLIKEN of Blue Hill, O'NEIL of Saco, Speaker TALBOT ROSS of Portland, WHITE of 
Guilford, WILLIAMS of Bar Harbor, Senator: HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA c. 313 is enacted to read:
CHAPTER 313
EXPUNGEMENT OF RECORDS AND ADJUSTMENT OF SENTENCES FOR 
CANNABIS-RELATED OFFENSES
§2331.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Cannabis.  "Cannabis" has the same meaning as in Title 28-B, section 102, 
subsection 27 and includes "marijuana" as defined in Title 17-A, section 1101, subsection 
1.
2.  Cannabis-related offense.  "Cannabis-related offense" means a conviction or 
adjudication for a crime or civil violation:
A.  Involving the sale, use or possession of cannabis or paraphernalia related to 
cannabis; and
B.  Other than a crime or civil violation described in paragraph A that, but for the 
presence of cannabis or paraphernalia, would not have been a crime or civil violation.
3.  Department.  "Department" means the Department of Public Safety.
4.  Expunge.  "Expunge" means to permanently delete or to physically destroy or 
obliterate.
5.  Paraphernalia.  "Paraphernalia" has the same meaning as "drug paraphernalia" as 
defined in Title 17-A, section 1111-A, subsection 1, except that it is limited to 
paraphernalia used for cannabis-related activities, including, but not limited to, cultivation, 
transportation and use of cannabis.
§2332.  Vacating of arrests, convictions and adjudications and expungement of 
records for offenses for possession of cannabis
1.  Vacating offenses for possession of cannabis.  All arrests, convictions and 
adjudications for possession of cannabis are deemed vacated and the records of those 
arrests, convictions and adjudications must be expunged pursuant to subsection 2.
2.  Expungement of records for offenses for possession of cannabis.  The 
expungement of records of arrests, convictions and adjudications for crimes or civil 
violations for possession of cannabis is governed by this subsection.
A.  The department shall review all records possessed by any state criminal justice or 
law enforcement agency, the department's Bureau of State Police, State Bureau of 
Identification or the Federal Bureau of Investigation that contain criminal history 
record information pursuant to Title 16, section 703, subsection 3 and, no later than 
January 1, 2025, shall expunge all records that relate to arrests, convictions and 
adjudications for crimes or civil violations for possession of cannabis.
B.  Upon a request made pursuant to subsection 4 by an individual who has been 
arrested, convicted or adjudicated of a crime or civil violation for possession of 
cannabis, the department, within 30 days of receipt of the request, shall review the 
request, make a determination as to the eligibility of the individual for action under this 
section and notify the individual of the department's decision.  If the department 
determines the individual eligible, the department shall expunge that individual's 
relevant records within 30 days of the determination.
C.  Following the actions taken pursuant to paragraph A or B, the department shall 
notify each court in which a conviction or adjudication of a crime or civil violation for 
possession of cannabis was made of the actions taken by the department pursuant to 
this subsection.
3.  Court action regarding convictions or adjudications for possession of cannabis.  
Within 3 months of notification pursuant to subsection 2, paragraph C by the department 
of the expungement of records related to arrests, convictions or adjudications of crimes or 
civil violations for possession of cannabis, the court receiving the notification shall vacate 
all convictions and adjudications for crimes or civil violations for possession of cannabis.
4.  Requests for expungement and vacation.  An individual who has been convicted 
or adjudicated of a crime or civil violation for possession of cannabis may request the 
department review and expunge that individual's record as described in subsection 2.  If the 
department fails to notify the individual within 30 days of the decision of the department 
or fails to expunge the individual's record as required by subsection 2, the individual may 
petition the court for review of the individual's eligibility under this section.  The court may 
not charge a fee for the filing of this petition.
5.  Outstanding fees, fines or costs.  The department shall expunge the records of an 
individual who is eligible pursuant to subsection 2, and the court shall vacate the 
convictions and adjudications of an eligible individual pursuant to subsection 3 
notwithstanding any outstanding court-imposed or court-related fees, fines, costs, 
assessments or other charges.
6.  Costs to department and courts.  The department and the Administrative Office 
of the Courts shall annually determine the costs to the department and courts, respectively, 
of complying with this section and shall request payment of those costs from the State 
Controller.  Upon receipt of a request for payment, the State Controller shall reimburse the 
department and the courts for those costs using funds in the Adult Use Cannabis Public 
Health and Safety and Municipal Opt-in Fund established in Title 28-B, section 1101.
§2333.  Resentencing for conviction of cannabis-related offense
1.  Determination of individuals serving sentences for cannabis-related offense.  
By January 1, 2024, the chief administrative officer of a correctional facility and the jail 
administrator shall create a list of all individuals serving a sentence of imprisonment in a 
correctional facility or jail in this State, respectively, for a cannabis-related offense and 
those individuals on supervised release, probation or administrative release as part of a 
sentence for a cannabis-related offense.  The chief administrative officer and the jail 
administrator shall provide the list to the court at which the individual was sentenced and 
shall notify each individual on the list of that individual's right to petition the sentencing 
court for resentencing pursuant to this section.
2.  Petition for resentencing.  An individual who has been convicted of a cannabis-
related offense and who has not completed the sentence imposed by the court for that 
conviction may petition that sentencing court, either before or after receipt of notification 
pursuant to subsection 1, for resentencing.
3.  Action on petition.  Action on a petition for resentencing for conviction of a 
cannabis-related offense pursuant to subsection 2, referred to in this subsection as "the 
petition," is governed by this subsection.
A.  A court receiving a petition shall provide a copy of the petition to the office of the 
prosecutor that prosecuted the cannabis-related offense that is the subject of the 
petition.
B.  A prosecutor receiving a petition pursuant to paragraph A has 14 days from receipt 
of the petition to object to the petition and request a hearing pursuant to paragraph D.
C.  If a prosecutor fails to object within 14 days of receipt of the petition, the court shall 
grant the petition and resentence the individual who is the subject of the petition to the 
portion of the sentence the individual has already served.
D.  If the prosecutor objects to the petition within 14 days of receipt of the petition, the 
court shall schedule a hearing on the petition.  At that hearing, the prosecutor is required 
to prove, by clear and convincing evidence, that:
(1) The crime that is the subject of the petition is not a cannabis-related offense;
(2) Resentencing would not be in the interests of justice; or
(3) If resentencing is appropriate, the appropriate sentence is something other than 
the portion of the sentence the individual who is the subject of the petition has 
already served.
E. There is a rebuttable presumption that resentencing is in the interests of justice due 
to the legalization of the cultivation, manufacture, distribution, sale, use and possession 
of cannabis for adult use pursuant to Title 28-B.  This presumption is rebutted if:
(1) Additional, more serious charges unrelated to activities permitted pursuant to 
Title 28-B were dismissed as part of a plea deal; or
(2) The cannabis-related offense involved distribution of cannabis to a minor or 
using a minor to distribute cannabis.
F. Unless the prosecutor proves by clear and convincing evidence the requirements of 
paragraph D, subparagraph (1) or (2), the court shall resentence the individual as 
specified in this paragraph.
(1)  Unless the prosecutor proves by clear and convincing evidence that a different 
sentence is required pursuant to paragraph D, subparagraph (3), the court shall 
sentence the individual to the portion of the sentence the individual has already 
served.  
(2) If the prosecutor proves by clear and convincing evidence that resentencing to 
a sentence other than the portion of the sentence already served is appropriate, the 
court shall resentence the individual to the most minimum sentence that is in the 
interests of justice.
A court may not increase a sentence or impose an additional sentence in response to a 
petition.
G.  An individual who files a petition that is objected to by a prosecutor is entitled to 
court-appointed legal representation at no cost to the individual and without being 
required to prove indigency.
H.  A fee may not be imposed for the filing of a petition.
4.  Costs to Department of Corrections, county jails, courts and prosecutors.  The 
Department of Corrections, the jail administrator, the Administrative Office of the Courts 
and the district attorneys for the prosecutorial districts in this State shall annually determine 
the costs to the department, the jails, the courts, including the cost of providing legal 
representation to individuals filing a petition pursuant to this section, and the district 
attorneys, respectively, of complying with this section and shall request payment of those 
costs from the State Controller.  Upon receipt of a request for payment, the State Controller 
shall reimburse the requesting entity for those costs using funds in the Adult Use Cannabis 
Public Health and Safety and Municipal Opt-in Fund established in Title 28-B, section 
1101.
Sec. 2.  28-B MRSA §1101, sub-§4 is enacted to read:
4.  Use of fund for vacating certain sentences, expungement of records and 
resentencing for crimes and civil violations related to cannabis.  Money credited to the 
fund must be used to pay the costs of implementing the vacating of a conviction or 
adjudication of a crime or civil violation for possession of cannabis and the expungement 
of records of arrest, conviction or adjudication for a crime or civil violation for possession 
of cannabis pursuant to Title 15, section 2332 and the costs incurred for determining 
individuals eligible for resentencing and implementing the petition and resentencing 
process pursuant to Title 15, section 2333.
SUMMARY
This bill provides that all arrests, convictions and adjudications for crimes or civil 
violations for possession of cannabis are vacated and requires the records of those arrests, 
convictions and adjudications to be expunged in accordance with a process established in 
the bill.  This bill also allows for an individual who has been convicted of a cannabis-related 
offense and who is still serving a sentence, including incarceration or supervised release, 
probation or administrative release, for that crime to petition the original sentencing court 
to resentence that individual.  The bill defines "cannabis-related offense" as a conviction 
or adjudication for a crime or civil violation involving the sale, use or possession of 
cannabis or paraphernalia related to cannabis or that, but for the presence of cannabis, 
would not have been a crime or civil violation.
Under the bill, the sentencing court must notify the prosecutor who prosecuted the 
cannabis-related offense of the petition, who must object to the petition within 14 days or 
the court is required to grant the petition and resentence the individual to time served.  If 
the prosecutor objects, the prosecutor must prove, by clear and convincing evidence, that 
the crime for which the individual was sentenced is not a cannabis-related offense, that 
resentencing is not in the interests of justice or that if resentencing is appropriate, 
resentencing to something other than the portion of the sentence the individual has already 
served is appropriate.  The bill establishes a rebuttable presumption that resentencing is in 
the interests of justice due to the legalization of the cultivation, manufacture, distribution, 
sale, use and possession of cannabis for adult use pursuant to the Maine Revised Statutes, 
Title 28-B.
The bill provides that a court may resentence the individual who is the subject of a 
petition to time served or longer but may not resentence the individual to a longer sentence 
than the original sentence.
The bill also provides that an individual who files a petition for resentencing is entitled 
to court-appointed legal representation, without having to prove indigency.
Under the bill, all costs of all the entities involved in the vacating of arrests, convictions 
and adjudications and expunging of records related to crimes or civil violations for 
possession of cannabis and all entities involved in resentencing of convictions for cannabis-
related offenses are entitled to reimbursement of costs incurred to carry out those actions.  
Reimbursement must be paid from the Adult Use Cannabis Public Health and Safety and 
Municipal Opt-in Fund.