Gov Moore Pardons 175,000 Convicted of Low-Level Marijuana Possession
Governor Wes Moore, with his signature Monday morning, pardoned over 175,000 people who have been convicted of low-level marijuana possession or possession with the intent to use drug paraphernalia. The order represents the largest pardon for misdemeanor cannabis possession charges for any state in the country and the inclusion of paraphernalia makes Maryland the first state to take such action. Maryland lawmakers legalized the use of recreational marijuana in 2022. As a result of the executive order signed Monday, the Maryland Judiciary will ensure that each individual’s electronic docket is updated with an entry indicating that the conviction has been pardoned by the governor. The process is expected to take approximately 2 weeks.
Additional information from Governor Moore:
“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.
The governor’s pardon follows the constitutional amendment passed during Maryland’s 2022 legislative session that legalized adult use and possession of cannabis and was overwhelmingly approved by popular referendum. Of the 175,000 pardons issued, more than 150,000 represent misdemeanor convictions for simple cannabis possession and more than 18,000 represent misdemeanor convictions for use or possession with intent to use drug paraphernalia.
Eligibility criteria for the pardons include:
- Convictions for misdemeanor possession of cannabis or misdemeanor use or possession with intent to use drug paraphernalia;Â
- Convictions for misdemeanor use or possession with intent to use drug paraphernalia were in cases associated with misdemeanor cannabis possession and no other charges were incurred;Â
- Related disposition of guilty or probation before judgment;Â
- Charges occurring prior to January 1, 2023, when possession of personal use amount of cannabis 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.”
Governor Moore’s executive order also directs the Department of Public Safety and Correctional Services to develop a process to indicate on an individual’s criminal record that the conviction was pardoned. This process is expected to take approximately 10 months to complete.
To review individual records, visit the Maryland Judiciary Case Search website: casesearch.courts.state.md.us/casesearch/. To locate the nearest courthouse, visit mdcourts.gov/courtsdirectory/courtlocations.
Anyone who is eligible for a pardon but who was not included in the mass pardon may apply for a pardon through the regular application process—as may be the case for individuals whose convictions pre-date electronically available record formats. To apply for a pardon, visit dpscs.state.md.us/publicservs/pdfs/Application-for-Pardon-Revised.pdf.Â
A pardon is different from an expungement. Though the Maryland Judiciary will make a note on the record that the offense has been pardoned, it will still appear on the individual’s record. Expungement is the process by which a criminal conviction is destroyed and removed completely from the public record. Individuals who want to remove a conviction from public records must file for an expungement. Learn more about filing for expungement at mdcourts.gov/legalhelp/expungement.
