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Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs

by Jo Ellen Nott

On June 17, 2024, Democratic Governor Wes Moore signed an executive order in Annapolis to issue more than 175,000 pardons for low-level marijuana convictions, seeking to rectify “historical wrongs” tied to marijuana enforcement. The pardons cover all simple marijuana possession charges and possession of drug paraphernalia identified within Maryland’s electronic court system.

This automatic pardon approach extends even to deceased individuals with such convictions on their record. It is important to note that these pardons will not result in the release of any currently incarcerated individuals, nor will they automatically clear convictions from a person’s record. Aides to Governor Moore point out that those pardoned in June will have a pathway to expunge their records in the future.

The order was scheduled to coincide with the Juneteenth holiday that celebrates the emancipation of enslaved African Americans. Governor Moore called the action the “most far-reaching and aggressive” of its kind and targets a history of racial bias in marijuana arrests. Research by the ACLU shows Black Americans have been arrested for marijuana offenses at a rate three times higher than white Americans.

The Governor has frequently spoke about the harmful impact these convictions have on people’s lives. Past marijuana convictions work against individuals when they seek housing, employment, and educational opportunities, and such convictions create additional long-lasting roadblocks. Moore believes the pardons will offer a chance to “remove these barriers” that disproportionately affect communities of color. Attorney General Anthony Brown calls the pardons a “racial equity issue” and long overdue.

The move by Moore comes on the heels of a similar mass pardon in Massachusetts that became effective on April 3, 2024, and joins a growing movement towards righting the wrongs of marijuana criminalization. Nine other states have enacted similar large-scale clemency measures, and over two dozen have launched expungement programs, addressing millions of marijuana convictions nationwide.

Momentum for change is also evident at the federal level. The DEA’s proposed reclassification of marijuana and President Biden’s pardons for federal marijuana offenders, while gradual, demonstrate a shift in national policy as well as attitude. However, these actions have not dismantled the core framework for marijuana convictions, leaving many with “needless barriers” despite the changing legal landscape.

Advocacy groups like NORML (National Organization for the Reform of Marijuana Laws) applaud these pardons, highlighting the unfairness of individuals carrying the stigma of criminal records for behavior now considered legal by many states and a growing segment of the population. While racial justice concerns are often cited in such actions, the broader argument against criminalizing consensual, non-harmful behavior is convincing. The pardons highlight the broader failure of drug prohibition—a policy that benefits only criminal enterprises, not society.  

Sources: The Guardian, Reason 

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