Maryland governor overturns more than 175,000 cannabis convictions

The governor of Maryland, Wes Moore, has pardoned more than 175,000 people convicted of minor offences involving cannabis and its accessories. This far-reaching clemency measure, the largest of its kind in the United States, comes almost a year after the Maryland implements cannabis legalization.

Tackling the consequences of criminalization

Governor Moore announced the amnesties last Monday, explaining the need to address the long-term consequences of criminalization, even as the state moves forward with cannabis legalization.

«Legalization alone does not turn back the decades of damage caused by this war on drugs,» he said at a press conference. He pointed out that while Maryland today boasts one of the fairest legal cannabis markets of the country, it's crucial to also pardon past behavior related to cannabis offenses.

Pardons concern around 100,000 convictions for minor cannabis-related offenses and 75,000 cases for parapharnalia, cannabis-related accessories (possession of bongs, grinders, etc.). In some cases, pardons are granted posthumously.

The public prosecutor Maryland , Anthony Brown, welcomed the governor's action as «long overdue», highlighting the racial injustices perpetuated by previous cannabis laws.

«While the executive order applies to all who meet its criteria, its impact is a triumphant victory for African Americans and other Marylanders of color who have been disproportionately arrested, convicted and sentenced,» Brown said.

Eligibility and implementation

The eligibility criteria for amnesties are as follows:

• Convictions for cannabis possession offences
• Convictions for use or possession with intent to use of drug paraphernalia associated with cannabis possession, without further charge
• Convictions related to guilt or pre-trial probation
• Accusations made prior to January 1, 2023, the date on which quantities of cannabis used for personal purposes were decriminalized.

Maryland courts are expected to update electronic records within two weeks to reflect pardoned convictions. The ministry of public safety and correctional services has been tasked with setting up a procedure to indicate on criminal records that a conviction has been pardoned, which is expected to take around ten months.

Sarah Gersten, executive director of Last Prisoner Project (LPP), hailed the Governor's action as a crucial step towards rectifying the past injustices linked to cannabis policy. The LPP has been instrumental in advocating for cannabis justice across the country. «The LPP is proud to be part of today's historic announcement, which is a crucial step in beginning to right the wrongs of our failed approach to cannabis policy,» said Gersten.

Governor Moore signed the executive order using the LPP's «pen to right history», symbolizing the significant impact of legislative and executive actions in the fight against wrongful imprisonment for cannabis-related offenses.

National context and comparisons

This unprecedented action in Maryland echoes similar measures at federal level and other states. The Chairman Joe Biden also granted massive pardons for federal cannabis possession offenses. In addition, states such as Massachusetts have taken lenient measures, although Maryland stands out for its inclusion of accessory convictions.

In April, Maryland authorities announced the winners of a unique cannabis licensing lottery for social equity applicants, approving 174 growers, processors and dispensaries. The initiative reflects Maryland's commitment to creating an equitable cannabis market open to all.

While the pardons will not result in the release of those currently incarcerated, they represent an important step towards fair justice for those affected by previous cannabis laws. Governor Moore's action should inspire other reforms and clemency efforts across the country, promoting a fairer approach to cannabis offenses.