On March 31, 2021 Governor Andrew Cuomo signed a bill into law legalizing recreational marijuana by adults 21 and over after the Senate and Assembly voted in favor of the legislation. It is now legal to purchase cannabis from authorized sellers (once they are licensed by the State) and possess up to 3 ounces of cannabis and 24 grams of cannabis concentrated. After 18 months of sales, it will allow adults to grow up to 6 mature plants and 6 immature plants in their home.

The bill also expunges previous marijuana convictions for actions that would be legal under the new law. This includes all marijuana convictions charged under the old Penal Law Section 221 (Criminal Possession of Marijuana) that are less than the 3 ounces of cannabis or 24 grams of concentrated cannabis (Penal Law 221.05, 221.10, 221.15). 

Expungement means that the arrest, the court case and the decision on the charges are treated as if they never happened. This means that these charges:

• should not show up on a criminal history record search or your RAP sheet.
• can’t be used against you to deny you housing, student loans, or a job.
• don’t have to be listed on a job or school application that asks if you’ve been convicted of or arrested for that crime.

Expungement should be automatic but could take up to a year. The court system, DCJS, police, District Attorneys and law enforcement agencies will be notified. They are to destroy the record or mark the record accordingly. You will not receive a notice from New York State when the expungement process begins or occurs, but the process is supposed to happen without you having to take any action.

That being said, we all know things don’t always happen the way they are supposed to. To make sure that your previous marijuana conviction is expunged and removed from your criminal record, Flink Maswick recommends contacting the local court where the conviction was entered to make sure the conviction is in fact expunged. Flink Maswick Law can provide assistance to help with this if necessary. Please call us if you are currently facing a marijuana possession charge, or if you have any questions about the expungement process.