Since its legalization in 2014, Colorado's cannabis industry has experienced unprecedented growth, surpassing $10.5 billion in total sales. The first quarter of 2021 alone saw marijuana sales exceeding $560 million, according to the Department of Revenue.
These sales include both recreational and medicinal purposes, with tax revenue from the cannabis market contributing significantly to the state's coffers. A staggering $1.7 billion has been collected in taxes, benefiting public schools, infrastructure projects, and various local government programs in Colorado.
With such remarkable figures, it is evident that the cannabis economy is thriving in the state. To keep pace with the evolving perception and acceptance of marijuana possession, Governor Jared Polis signed a bill aimed at making significant changes.
The new law, House Bill 1090, doubles the legal limit for marijuana possession for adults aged 21 and above. Previously, adults were allowed to possess up to one ounce of marijuana for recreational purposes without facing penalties. Possessing between one and two ounces was considered a petty offense with a $100 civil penalty. However, with the enactment of House Bill 1090, adults can now legally possess up to two ounces of marijuana for recreational use, and the civil penalties associated with the old threshold have been eliminated.
Moreover, Governor Polis took a compassionate step by granting pardons to 2,732 individuals who had prior convictions for possessing an ounce of marijuana or less. Recognizing the past injustices, Polis stated that it was unfair for minor convictions to continue hindering people's success in life.
While the pardoning process covered convictions involving up to one ounce of marijuana, those with records indicating possession of more than one ounce were not included initially. However, Governor Polis has directed the Colorado Bureau of Investigation to identify individuals with convictions above the new threshold for potential pardons in the coming months.
The record-clearing process extends beyond simple possession cases. It also applies to those previously convicted of Class 3 marijuana cultivation felony and individuals charged with growing between 12 and 25 plants, as long as they didn't possess a medical marijuana card and authorization for an extended plant count.
However, there are some conditions to the record-clearing process. Former offenders need to apply personally to the courts, and those with criminal records since their marijuana convictions may be disqualified unless judges review these cases on their own merit. Approval from district attorneys is not required, but the clearing process will still follow local court systems.
The signing of House Bill 1090 brings significant benefits to the residents of Colorado. Those who qualify for pardons can finally move forward from their past convictions, alleviating the burden of having a criminal record for an action that is now fully legal. This reform is believed to reduce the stigma associated with cannabis and rectify the disproportionate punishment for minor offenses.
Governor Polis expressed enthusiasm for the bill, stating that it marks a step forward in criminal justice reform. He emphasized that many individuals, especially people of color, have been negatively affected by past convictions, hindering their access to loans, leases, licenses, jobs, and other opportunities.
Colorado is not alone in its efforts to enact cannabis policy reforms. States like Nevada, Illinois, and Washington have also taken significant steps in automatically pardoning or clearing records for low-level marijuana possession offenses since legalization.
House Bill 1090 is a significant milestone in Colorado's journey toward a more equitable and progressive approach to marijuana possession laws, representing a step forward for both the state and the nation.
