UPDATE: Colorado Governor Signs Bill to Double the Cannabis Possession Limit and Expand Expungement
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UPDATE: Colorado Governor Signs Bill to Double the Cannabis Possession Limit and Expand Expungement

The legislation will increase the under 21 years to possess up to 2 ounces of cannabis without civil penalties.

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May 19, 2021

Colorado Gov. Jared Polis has signed a legislation to expand expungement and double the threshold for illegal cannabis possession on May 20.

House Bill 1090, sponsored by Rep. Alex Valdez and Sen. Julie Gonzales—both democrats—cleared the Senate in a 23-11 vote on April 28.

H.B. 1090 removes the drug petty offense punishable by a fine of up to $100 for adults 21 years and older who possess up to 2 ounces of cannabis. The bill also changes the definition of illegal possession of cannabis by an underage person, increasing the limit from 1 ounce or less to 2 ounces of cannabis or less.

In addition, the bill permits a person to petition to have his or her conviction record sealed if he or she were convicted of a Class 3 felony cannabis cultivation offense.

The measure requires the court to seal a conviction record, without objection from the district attorney, for a cannabis possession offense that is otherwise not sealed, if the person has not been previously convicted of a criminal offense since release from supervision or since the final disposition of all criminal proceedings, the bill summary states.

According to the bill's fiscal note, roughly 27 people are charged each year with possession of 2 ounces of cannabis or less, and only 32 criminal cases from the last 20 years were found eligible under this bill—or fewer than two cases a year.