ANNAPOLIS — Maryland Gov. Wes Moore signed a historic executive order on Monday that issued more than 175,000 pardons for marijuana convictions, the governor's office said.
The Moore Administration said the pardons represent the largest that the state has facilitated to date while the governor's measure pertaining to cases relating to use of paraphernalia make Maryland the first state to take such an action, according to his office.
"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," Moore said.
"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."
Moore’s pardon follows a constitutional amendment passed during Maryland’s 2022 legislative session that legalized adult use and possession of cannabis that was 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;
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;
Related disposition of guilty or probation before judgment;
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,” Maryland Attorney General Anthony G. Brown said in a statement.
“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.”
As a result of the executive order, 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 about two weeks, according to the governor's office.
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.
Accordingly, this process is expected to take roughly 10 months to complete.
Individuals do not need to take any action to receive the pardon.
After the judiciary updates the electronic dockets to reflect the pardon, a process that should take approximately two weeks, individuals can check online or at a public kiosk at any courthouse in the state to verify whether they were included in the pardon.
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.
A pardon is different from an expungement. Though the state 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," Moore's office highlighted.
Individuals who want to remove a conviction from public records must file for an expungement .
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