In CourtView -the state’s website to search court recordsmarijuana possession charges appears in the form of “Misconduct in the possession of Controlled Substance 6A.” It’s unclear if the offense is related to something that’s been legally legal for the past eight years.
For people aged 21 and over with marijuana convictions dating from prior to 2014, prior the state allowed the use of marijuana for recreational use, this could be a major obstacle to obtaining an apartment or even a job. Both landlords and employers are able to use CourtView to decide on the applicants.
House Bill 28 is moving to the Legislature and will remove marijuana convictions from the public record as well as certain background checks by the state. The bill was drafted through East Anchorage Republican Rep. Stanley Wright.
“It was mentioned in the course of my election,” Wright said. “A majority of people are saying things like’I’m unable to leave my mom’s home, I’m unable to rent an apartment because I’m facing this marijuana conviction. It’s like being restraining me You guys must get involved. It’s not even legal anymore.'”
Wright presented the legislation as the first in the session, following similar legislation passed the House in the past, but did not pass the Senate.
In the spring of this year in the year, earlier this year, the Alaska Supreme Court announced a rule change that will eliminate marijuana-related accusations from CourtView. This change takes effect in only a few weeks, and will remove up to 750 names from the website.
Alaska was among the three states in the country to allow recreational marijuana through a ballot initiative in 2014.
Wright’s bill, which was introduced shortly prior to his Supreme Court ruling in January is a call to remove minor marijuana convictions from CourtView as well as from background checks that are not federally administered through the State Department of Public Service, or DPS.
Wright stated that even though a portion of the bill might be redundant in light of the court’s ruling but his bill is significant since it codifies the CourtView record clearing law.
“If you were to simply say that you’re going to remove it from the site, then someone else could say “We’re gonna bring it back to the website and we’ll put it back on the website,'” he added. “So I believe it’s imperative to run the cost.”
The law also eliminates prior-2014 marijuana possession convictions from background checks carried out by DPS which could be requested by employers or landlord. DPS would have to look into 8,500 cases if the bill were to be passed.
The public will still be able access marijuana records in person to a courthouse and asking for the records, but they will not be available on the internet.
Wright says the bill doesn’t really concern marijuana: it’s about eliminating obstacles to Alaskans.
“There are many stories about people stuck, or struggling to find jobs. Why should we stop people from achieving their maximum potential? I believe this bill will help people who want to do that,” he said.
The bill is bipartisan and is supported by members of the Alaska Marijuana Industry Association, the board of which is headed by Ryan Tunseth, owner of East Rip in Kenai. The legislative liaison of the association provided a support letter that praised the bill as an “incremental but significant step towards removing the stigma associated with cannabis consumption.”
Wright expressed optimism about the bill in this session.
“I only would like people to realize their full potential in their lives. If this helps you make a step to putting food on your table, or having a happier life in the space I’m in,” the man said. “I believe that a lot of people, once they realize the importance of what this campaign is about, will begin to take it in.”
The bill was voted out of the House Judiciary Committee last Friday and is awaiting an opportunity to be heard at House Finance.
