Missouri Appellate Court overturns marijuana expungement denial

SPRINGFIELD, Mo. (KY3) - A judge’s decision to deny expungements for Missourians who have been convicted of THC possession was overturned this week in the Missouri Court of Appeals.

A Lafayette County judge initially denied the expungement for defendants convicted of THC possession.

“It’s another step in the right direction of decriminalizing marijuana and marijuana products,” said Springfield Attorney Scott Pierson.

He works to help people get their felony marijuana convictions expunged.

“It’s one of the few times my clients have tears of joy because of the fact that they no longer have that burden of being a convicted felon,” explained Pierson.

However, THC possession can be charged separately from marijuana possession.

“That law had been on the books for many, many years. It was rarely used until recently,” said Dan Viets.

Viets, the chair of the national NORML Board of Directors, said the decision clearly rebukes arguments Missouri Attorney General Andrew Bailey made that THC possession wasn’t covered by Article 14. He says that other forms of the drug, like concentrates and edibles, should be included in the expungement process.

“With the increased popularity of vaping, of vaping concentrated forms of cannabis. Many prosecutors began to charge for possession of any amount,” explained Viets.

The Western District of the Missouri Court of Appeals issued a decision confirming that cases in which a defendant was convicted of possessing THC are to be expunged. That’s a result of an article in the Missouri Constitution adopted by voters in November of 2022.

The Appeals Court said despite the fact THC possession can be charged separately from marijuana possession, under the provisions of Article XIV, THC is now legal for adults to possess, and therefore offenses involving THC possession must be expunged just like marijuana offenses.

“The Western District court, correctly in my view, looked at the definition of marijuana in article 14 and it clearly includes concentrates. It includes resins or extracts from the marijuana, the cannabis plant, and that is defined as marijuana,” said Viets.

Pierson says this new decision to include THC in the expungement process will allow him to help even more people.

“This just allows for more individuals who may have had THC or THC accessories to get rid of that scarlet letter and not be a convicted felon going forward,” he said.

The Springfield Bar Association is holding an expungement clinic this Thursday for all those who may qualify to have felony marijuana convictions removed. For more information click HERE.

To report a correction or typo, please email digitalnews@ky3.com. Please include the article info in the subject line of the email.