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Editorial

Maryland Governor Announces Record-Breaking Pardons for Nonviolent Cannabis-Related Offenses

By Richard D. Elliott

Maryland Gov.
**FILE** In a historic move, Maryland Gov. Wes Moore announced over 175,000 pardons for nonviolent cannabis-related arrests on June 17. (Robert R. Roberts/The Washington Informer)

In a historic move, Maryland Gov. Wes Moore (D) announced on June 17 over 175,000 pardons for nonviolent cannabis-related arrests. 

More than 150,000 pardons were for possession and another 18,000 were for possession of paraphernalia. Maryland is the first state to take such action to pardon paraphernalia convictions. 

About 23% of the pardons are for Baltimore City residents and another 12% are for Prince Georgians.

“Just yesterday, we – again – made history right here in the Annapolis State House. I’ve issued an executive order pardoning certain Maryland convictions related to the simple possession of cannabis, including convictions for misdemeanor possession of cannabis and convictions for misdemeanor possession of drug paraphernalia,” read a statement posted by the Office of the Governor.

The governor noted that the historic action “impacts hundreds of thousands of Marylanders… from all economic backgrounds.”

“It is the largest state pardon in the history of this country, and a critical first step in addressing the racial wealth gap. There is still much more work to be done, and we’re looking forward to getting that work done in partnership with legislators, advocates, and most importantly, you,” Moore noted.

However, these pardons are not expungements and will list the prior convictions as pardoned on a judicial record. An existing law, called the “unit rule,” makes mass expungements rather difficult. Instead, expungements are generally handled on a case by case basis that can be difficult for average Marylanders to complete.

“Expungements are still necessary,” said cannabis activist and former Laurel Councilman Martin Mitchell. “However, it’s up to the courts to expunge records, and not everyone will be eligible. Under Maryland law, people in violation of probation are not permitted to seek expungement.”

Heather Warnken, executive director for the University of Baltimore School of Law’s Center for Criminal Justice Reform, noted misdemeanor convictions can “create enormous barriers to opportunities,” as felony convictions. 

“The collateral consequences of a conviction on someone’s life, it’s almost immeasurable … from employment to housing to education, public benefits, professional licensure, the list goes on.”

Warnken said that she hopes Moore is serious when promising that this move is only phase one of his efforts toward justice.

“We’re hoping that the Moore administration continues pushing forward in both their unique exercise of executive clemency power, but also work with us out in the field who are addressing it from different angles.”

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