Ohio Marijuana Expungement Bill Passed by Legislature, Sent to Governor

A legislative proposal that would, among other changes, make it so that the possession of marijuana paraphernalia does “not constitute a criminal record” has been passed by Ohio’s full legislature.

Senate Bill 288 would also establish a process that allows marijuana possession charges to be sealed from public view after six months and expunged entirely after three years. It was passed by the Senate 29 to 2, and passed by the House of Representatives 86 to 8.

Introduced by Senator Nathan Manning, it will now go to the desk of Governor Mike DeWine who has three options: Sign it into law, allow it to become law without a signature, or veto it. If Governor DeWine chooses the latter, the legislature could override the veto with a 2/3rds vote of the House and Senate.

“Our communities deserve to feel safe, but for many in Ohio, crime has hit too close to home,” said Senator Manning in a press release. “People are seeking solutions that work, and Senate Bill 288 presents multiple solutions. This bill will improve public safety for all Ohioans, while ensuring that people in prison have the tools they need to succeed and give back to their communities when they return home.”

Senate Bill 288 would also:

  • Increase credit eligibility from current 8% to 15% in reduction of prison term for active participation or completion of constructive programs, helping accelerate an eligible offenders success after release.
  • Modify the current “Good Samaritan” law by expanding immunity from prosecution for minor drug possession offenses.
  • Strengthen penalties for domestic violent offenders by increasing the penalties from strangulation or suffocation to a felony domestic violence conviction.

This legislation “builds on other major criminal justice reforms the Senate has passed over the last several years to help Ohioans find support as they fight to beat the cycle of addiction; provide local courts with flexibility, and reform Ohio’s sentencing laws, including intervention in lieu of conviction and a presumption against prison time for many low-level, non-violent offenders”, states the press release.

You can view the full text of Senate Bill 288 by clicking here.

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