In a landmark legal decision, the Missouri Court of Appeals for the Western District has ordered the expungement of THC possession convictions, aligning them with marijuana possession cases under the state’s voter-approved legalization law, Amendment 3. This ruling effectively overturns a previous trial court decision that, supported by state Attorney General Andrew Bailey, had drawn a distinction between THC and cannabis, excluding THC convictions from the expungement process.
The case in question involved an individual stopped by a state trooper in 2017 and subsequently charged with possession of both marijuana and THC. While the marijuana conviction was expunged under Missouri’s legalization law, the THC conviction was initially upheld by the Lafayette County prosecutor’s office. The prosecutor’s office argued that THC fell outside the scope of the law, but the appeals court disagreed, ruling that the law’s provisions encompass all constituents of marijuana, including THC.
The court’s opinion emphasized that marijuana-infused products, defined as items infused, coated, or mixed with marijuana or its extracts (including THC), are covered under the expungement provisions of Amendment 3. The ruling asserts that “possession of small amounts of marijuana-derived THC are eligible for expungement,” as these products constitute “marijuana-infused products” as per the law.
Dan Viets, Missouri NORML coordinator and national board chair of NORML, hailed the decision as a significant victory for those seeking justice under the new law. “The decision is a clear rebuke of Attorney General Bailey’s efforts to prevent expungement from taking place in as many cases as possible,” he stated to KCTV5.
The broader impact of this ruling is yet to be fully realized, as it remains unclear how many additional THC possession convictions could now be eligible for expungement. Missouri’s officials had already expunged over 100,000 marijuana cases during the first year of legalization. However, some courts have missed deadlines for felony expungements, and only a fraction of the funds allocated for the record-clearing process have been spent. This ruling could potentially accelerate the expungement process, further advancing cannabis reform in Missouri.
