Maryland Gov. Wes Moore issued a groundbreaking executive order on Monday, pardoning 175,000 convictions related to cannabis possession in the state, including misdemeanor cannabis possession and certain misdemeanor drug paraphernalia convictions.
The executive order marks the largest pardon for misdemeanor cannabis possession charges in any state, making Maryland the first to include paraphernalia in such actions.
“Maryland made history with the legalization of cannabis by referendum,” Gov. Moore said Monday. “However, we must address the impact of past criminalization. No Marylander should face barriers to housing, employment, or education due to convictions for actions that are no longer illegal. Today’s step advances equal justice, but our work isn’t finished. We will continue to strive for a more equitable and just society.”
We aren’t nibbling around the edges.
We took action that is intentional, sweeping, and unapologetically the largest such action in the nation. pic.twitter.com/0pXDQ0z8rS
— Governor Wes Moore (@GovWesMoore) June 19, 2024
The pardon follows a constitutional amendment from Maryland’s 2022 legislative session that legalized adult cannabis use and possession, overwhelmingly approved by referendum. Of the 175,000 pardoned, over 150,000 were for misdemeanor cannabis possession, and more than 18,000 for the use or possession with intent to use drug paraphernalia, according to a press release.
Pardon eligibility includes:
- Misdemeanor cannabis possession or misdemeanor use/possession with intent to use drug paraphernalia;
- Paraphernalia convictions linked to misdemeanor cannabis possession with no additional charges;
- Dispositions of guilty or probation before judgment; and
- Charges before January 1, 2023, when cannabis possession was decriminalized.
“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. I thank Governor Moore for his bold and decisive action in the name of fairness and equity.”
History has been made in Maryland! It was an honor to stand with Governor Moore as he signed pardons for 175,000 low-level cannabis convictions. This is a significant event for our state. These convictions have been barriers, preventing many from moving forward in their lives.… pic.twitter.com/kyTsh9MaaJ
— Anthony G. Brown (@OAGMaryland) June 17, 2024
Last Prisoner Project praised Gov. Moore’s actions.
“Today’s pardon addresses racial disparities from cannabis prohibition,” Last Prisoner Project’s Director of Strategic Initiatives Jason Ortiz said Monday. “Governor Moore has set an example for other governors to follow, taking a significant step toward rectifying past injustices with a simple signature.”
Gov. Moore signed the executive order using the Last Prisoner Project’s “Pen to Right History,” a pen that family, friends, and loved ones of people impacted by cannabis incarceration all around the country have used to write letters to elected officials asking for justice.
Symbolically, @GovWesMoore has granted these pardons using LPP’s “Pen to Right History” – a pen that loved ones of people impacted by cannabis incarceration around the country have used to write letters to elected officials asking for justice.https://t.co/FJeTJYEKhR
— Last Prisoner Project (@lastprisonerprj) June 17, 2024
Individuals do not need to take action to receive the pardon. After the Judiciary updates electronic dockets, which should take about two weeks, they can verify their inclusion online or at any state courthouse kiosk. For those eligible but not included in the mass pardon, applications for individual pardons are available through the regular process (PDF).
A pardon differs from expungement in that the offense will still appear on records; expungement removes the conviction entirely from public records, requiring a separate filing.
The Maryland Judiciary will update each individual’s electronic docket to reflect the pardon, with the process expected to take about two weeks. Additionally, the Department of Public Safety and Correctional Services will develop a method to indicate pardons on criminal records within roughly ten months.
“This courageous action by Governor Moore is an important piece of a much bigger puzzle of addressing the devastating drug war which disproportionately harmed, and continues to harm, marginalized Black and brown communities,” said Heather Warnken, executive director of The University of Baltimore’s School of Law Center for Criminal Justice Reform. “We celebrate this historic win and look forward to partnering with the administration on the work ahead.”
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