~100,000 People Set to See Marijuana Convictions Pardoned in State of Maryland

In an unprecedented move, Governor Wes Moore of Maryland has granted full pardons for over 175,000 marijuana-related convictions. This landmark decision not only marks the largest state pardon to date but also positions Maryland at the forefront of a national shift toward rectifying past injustices associated with cannabis criminalization.

The Scope of the Pardons

Governor Moore’s executive order, signed with a pen from the Last Prisoner Project, symbolizes a commitment to reversing the harm caused by outdated drug laws. The order encompasses pardons for more than 150,000 misdemeanor convictions for simple possession of cannabis and over 18,000 misdemeanor convictions for use or possession with intent to use drug paraphernalia. To grasp the enormity of this pardon, consider that the number of convictions impacted could fill M&T Bank Stadium twice over.

“Maryland made history when we legalized cannabis by referendum. But we cannot celebrate the benefits of legalization while forgetting the consequences of criminalization. No Marylander should face barriers to housing, employment, or education based on convictions for conduct that is no longer illegal,” said Gov. Moore. “Today, we take a big step forward toward ensuring equal justice for all. But this won’t be our last effort. We must continue to move in partnership to build a state and society that is more equitable, more just, and leaves no one behind.”

Legalization and Its Implications

The pardons address charges that occurred before January 1, 2023, the date when Maryland decriminalized the possession of personal use amounts of cannabis. This move aligns with the state’s efforts to ensure that the benefits of legalization extend to those who were previously penalized under more stringent laws.

“We cannot celebrate the benefits of legalization if we do not address the consequences of criminalization,” Moore emphasized. “That rollout must go hand in hand with pardoning past conduct, and Maryland is going to lead by example.”

Social Equity and Justice

A significant motivation behind these pardons is to promote social equity and fairness. Black Marylanders have historically faced disproportionate arrest and conviction rates for cannabis-related offenses. According to the American Civil Liberties Union, Black people are 3.6 times more likely than white people to be arrested for marijuana possession despite similar rates of consumption.

“The enforcement of cannabis laws has disproportionately and overwhelmingly burdened communities of color. Opportunities were denied because those who were convicted faced steep obstacles to jobs, education, and housing,” said Maryland Attorney General Anthony G. Brown. “Governor Moore’s pardons will remove these barriers and enable thousands of Marylanders to lead productive lives without the impediments created by their prior convictions.”

Baltimore City, in particular, will see a substantial impact, with approximately 23% of the pardoned convictions originating from there. Baltimore Mayor Brandon Scott acknowledged the deep wounds inflicted by the war on drugs, stating, “The legacy that the war on drugs has had on our city of Baltimore – and many places around the country like it – is still visceral and tangible. We still see and feel the wounds every day in the lives, families, and communities that were disrupted and destroyed.”

Aligning with Federal and State Trends

Governor Moore’s decision follows a federal order in 2022 that pardoned several categories of federal marijuana possession offenses. The Biden administration is also pushing to reclassify marijuana as a less dangerous drug, reflecting the changing attitudes towards cannabis at both state and federal levels. Currently, marijuana is classified as a Schedule I substance, indicating no accepted medical use and a high potential for abuse. The proposed reclassification to Schedule III would align it with drugs such as ketamine and Tylenol with codeine, acknowledging its medical potential.

The pardons also coincide with similar actions in other states. Earlier this year, Massachusetts Governor Maura Healey issued a mass pardon for individuals convicted of simple marijuana possession. Maryland’s move, however, is the most extensive, affecting a broader range of marijuana-related offenses.

Public and Legal Reactions

Public reaction to the pardons has been overwhelmingly positive. Many see it as a long-overdue step toward correcting historical wrongs. “It’s great as long as it’s not a lot of marijuana — a little bit, yes. They can get a job without that conviction just for a small amount of marijuana,” said Mary James of Baltimore. Parker Smith added, “There are dispensaries all over the place. It’s legal now in the state.”

Legal experts note that while the pardons are a significant step forward, they do not equate to expungement. The charge will still appear on an individual’s record as an offense that has been pardoned, and those seeking expungement must take additional steps. Heather Warnken, executive director of the University of Baltimore’s Center for Criminal Justice Reform, highlighted a critical issue: “Any probation violation, no matter how small, including decades-old small amounts of cannabis, now legal cannabis, permanently bars Marylanders from expunging their convictions.”

Economic and Social Impact

Governor Moore also highlighted the broader economic implications of these pardons. “This action will also help make significant progress to address the racial wealth gap and will benefit Marylanders from across the state and from across the economic spectrum,” he stated. By removing barriers to housing, employment, and education, the pardons aim to foster inclusive economic growth and provide new opportunities for individuals previously hindered by their criminal records.

Moving Forward

The process of updating court records to reflect these pardons is expected to take about two weeks. The Maryland Judiciary will update each individual’s electronic docket to reflect the pardon. The Department of Public Safety and Correctional Services will develop a procedure to indicate on criminal records that a conviction was pardoned, a process expected to take approximately ten months to complete.

Individuals do not need to take any action to receive a pardon. Those who were not included in the mass pardon may apply through the regular application process.

Governor Moore’s decisive action underscores Maryland’s commitment to addressing past injustices and ensuring a fairer future. As Moore declared, “Maryland is going to use this moment to right many historical wrongs.”

In conclusion, Maryland’s sweeping marijuana pardons signify a monumental step towards justice and equity, setting a powerful example for other states to follow. The move not only rectifies past wrongs but also paves the way for a more inclusive and fair society.