H766 Summary

• Excludes marijuana possession of 4 ounces or less from the definition of controlled substance, making it legal to possess that amount.

• Raises the threshold for Class 3 misdemeanor penalties from 0.5 ounces to 4 ounces of marijuana; Class 1 misdemeanor threshold increases from 1.5 ounces to 16 ounces.

• Allows persons convicted of possessing 4 ounces or less of marijuana to petition the court for expunction of the conviction without filing fees.

• Requires the Department of Justice to identify and automatically file expunction petitions by December 1, 2020 for all past convictions involving possession of 4 ounces or less of marijuana.

• Becomes effective December 1, 2019 for new offenses; expunction provisions effective immediately for eligible prior convictions.