MI HB4982

Allows persons convicted of misdemeanor marihuana offenses to apply to set aside their convictions beginning January 1, 2020.

Creates a rebuttable presumption that misdemeanor marihuana convictions were based on conduct that would not be criminal under Michigan law as of December 6, 2018, shifting burden to prosecuting agency to prove otherwise within 60 days.

Requires convicting court to enter an order setting aside conviction(s) within 21 days if prosecuting agency does not file a timely response challenging the presumption.

If prosecutor challenges the presumption, court must hold a hearing within 30 days where prosecutor must prove by preponderance of evidence that conduct would still be criminal under current law; applicant bears no burden of proof.

Applies to violations of Michigan Public Health Code sections 7403(2)(d), 7404(2)(d), and 7453 (marihuana paraphernalia), or substantially corresponding local ordinances; effective April 11, 2021, contingent on enactment of five related bills.