Moore signs order pardoning 175,000 misdemeanor cannabis convictions

Gov. Wes Moore signs an executive order June 17 to pardon 175,000 misdemeanor cannabis convictions. Photo by William J. Ford.

Maryland Gov. Wes Moore (D) signed an executive order Monday pardoning 175,000 misdemeanor cannabis-related convictions, forgiving low-level convictions for a drug that is now legal in Maryland for medical and recreational use by those over age 21.

There is no official count for the number of people who will receive pardons – the executive order applies to a list of convictions compiled by the state’s courts, not of individuals convicted – but administration officials estimate that as many as 100,000 people could be affected.

Those people should see updates to their electronic court files in the next two weeks noting that they have been pardoned for their convictions on simple marijuana possession or possession of drug paraphernalia, the two crimes covered by the executive order.

“It’s done,” a smiling Moore said after he signed the order inside the governor’s reception room.

The pardons come two years after lawmakers voted to put a referendum on the November 2022 ballot to allow possession and use of small amounts of cannabis by those over age 21. That measure was approved by just over two-thirds of voters, and took effect on Jan. 1, 2023.

Jason Ortiz, director of strategic initiatives for the Last Prisoner Project, said the governor’s order Monday represents “the most powerful day in cannabis justice history.”

The order directs the Department of Public Safety and Correctional Services to develop a process for criminal background checks that will note that a person has been pardoned for the misdemeanor possession and paraphernalia charges. The administration said it could take up to 10 months for that system to be in place.

Moore’s pardon does not strike the conviction from a person’s criminal record – it would still show up, eventually with a note that the crime had been pardoned. In order to have the conviction stricken from their records, people would have to apply with the courts for an expungement.

According to the administration, more than 150,000 misdemeanor convictions for simple possession of cannabis will be pardoned by Moore’s order, and another 18,000 misdemeanor convictions will be pardoned for use or possession with intent to use drug paraphernalia.

When asked to explain the apparent 7,000-conviction gap between those numbers and the overall 175,000 cited by the administration, officials said those were “not an exact number.” An administration-supplied county-by-county list of convictions subject to pardon does add up to 175,000.

Baltimore City accounted for the highest numbers of convictions with 39,856, or 23%. Baltimore County recorded the second highest convictions with 22,298, or 12.7%. Prince George’s County was third with 21,080 convictions, or 12%.

Administration officials said those pardoned don’t have to take any action, but they can check online at the Maryland Judiciary case search to see if a conviction has been pardoned at casesearch.courts.state.md.us/casesearch/, or visit a local courthouse to verify whether they received a pardon.

One person to be pardoned is Shiloh Jordan, who was at the State House on Monday.

The governor said Jordan was convicted on a minor cannabis offense “after he dropped out of college.” Jordan was hired after his conviction, but fired on the second day of the job because he didn’t pass his background check.

“The only thing on his record is a minor cannabis charge,” said Moore, who added Jordan took job training courses and eventually graduated college from Bowie State University.

Jordan, 32, now works as an outreach coordinator for the Center for Urban Families in Baltimore.

“I’m thankful that they can use my story as a testimony and…we can try to offer change to people in Maryland,” Jordan said after the ceremony attended by state lawmakers, administration officials and criminal justice advocates. “I know a lot of people that have been convicted of petty cannabis charges and it really affected their whole way of life.”

Maryland represents one of the most diverse states in the nation, with Blacks accounting for about 29% of the population in 2020. But Blacks made up about 70% of those incarcerated in the state.

According to a racial equity impact note for the 2022 cannabis referendum, Blacks were twice as likely to be arrested for marijuana possession as other groups in the state. Blacks accounted for 59% of those arrested for marijuana possession in 2020, compared to about 39% for whites.

The pardon comes two days before the celebration of Juneteenth on Wednesday, which became a federal holiday three years ago and a recognized holiday in Maryland two years ago for state employees. It symbolizes the end of slavery in the United States.

“We know how difficult it is for Black and brown people to navigate through the system in terms of employment and housing and education,” said Maryland Public Defender Natasha Dartigue, who was also on hand for the signing of the order. “This act by the governor will allow such great opportunity for so many who has been shackled by a conviction that keeps them from doing better for themselves.”

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