A Senate bill to clear misdemeanor marijuana charges from background checks has moved on to the House floor for a vote.
Republican Representative Tamara St. John is the bill’s sponsor.
St. John says since South Dakotans legalized recreational marijuana last fall, they deserve a clean slate.
She says marijuana possession charges disproportionately affect minority groups and young people.
“A criminal record for a petty marijuana offence can have long lasting negative consequences. Long term harms of a marijuana arrest for an individual in South Dakota can include, loss of eligibility for adoption or foster parenting, loss of eligibility for public housing, difficulty securing employment due to employer discrimination, barriers to professional licensure and loss of educational aid.”
St. John says the law would only remove the public record but charges would remain in the courts.
Bridget Coppersmith works for the South Dakota Department of Corrections.
Coppersmith says the bill is premature given the uncertainty of marijuana legalization in the state
She says voters did not approve clemency for past charges.
We currently have expungement and clemency options already in existence. These processes, unlike the automatic process created here, involve oversight and review of the merits of each case by the court, or parole board and governor, prior to action becoming final.”
Coppersmith says records reflect charges from when marijuana possession was still illegal and those records should remain.