ANNAPOLIS, MD—In a historic move, Governor Wes Moore signed an executive order today pardoning 175,000 Maryland residents convicted of cannabis-related offenses. This landmark decision covers convictions for misdemeanor cannabis possession and certain misdemeanor drug paraphernalia charges, marking the largest cannabis possession pardon in U.S. history. Maryland also becomes the first state to include paraphernalia in such a pardon.
"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."
Governor Moore Holding Pen
Shiloh Signing Paperwork
Cannabis Pardon Executive Order Papers
Governor Moore Clapping During Cannabis Pardon Executive Order
Governor Moore Holding Cannabis Pardon Executive Order
The pardon follows a constitutional amendment passed during Maryland's 2022 legislative session that legalized adult use and possession of cannabis, overwhelmingly approved by popular referendum. Among the pardons issued, more than 150,000 were for misdemeanor cannabis possession, and over 18,000 were for misdemeanor drug paraphernalia possession.
Eligibility Criteria for Pardons:
- Misdemeanor possession of cannabis or misdemeanor use or possession with intent to use drug paraphernalia.
- Paraphernalia convictions associated with misdemeanor cannabis possession without additional charges.
- Dispositions of guilty or probation before judgment.
- Charges occurring before January 1, 2023, when possession of personal-use amounts 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."
Following the executive order, the Maryland Judiciary will update each individual's electronic docket to reflect the pardon within approximately two weeks. Additionally, the Department of Public Safety and Correctional Services will develop a process to indicate on an individual's criminal record that the conviction was pardoned, expected to take around ten months to complete.
"Last Prisoner Project applauds Governor Moore and his administration's actions to rectify racial disparities caused by cannabis prohibition. Today's historic pardon is the boldest measure undertaken by any governor and will finally provide a light at the end of the tunnel for people who are dealing with the collateral consequences of a record – inability to find housing, employment, education, or even insurance or financial products, based solely on a scarlet letter from their past," said Last Prisoner Project Director of Strategic Initiatives Jason Ortiz. "By answering President Biden's continued call on governors to grant cannabis clemency, Governor Moore has become a champion of cannabis justice that other governors can follow. All it takes is the stroke of a pen to right history."
Governor Moore signed the executive order using the Last Prisoner Project's "Pen to Right History," a pen used by family, friends, and loved ones of those affected by cannabis incarceration to write letters to elected officials seeking justice. This symbolic act underscores the real impact that legislation and executive action can have on rectifying wrongful imprisonments related to victimless cannabis-related offenses.
While the governor's pardon will not release any incarcerated individuals, it marks a significant step toward ensuring fair and equitable justice for those affected by past cannabis convictions. Individuals do not need to take any action to receive the pardon. After the Judiciary updates the electronic dockets, individuals can verify their pardon status online or at public kiosks in courthouses across the state.
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. Eligible individuals not included in the mass pardon may apply through the
regular application process, particularly those with convictions predating electronic record formats. To apply for a pardon, visit dpscs.state.md.us/publicservs/pdfs/Application-for-Pardon-Revised.pdf.
"This courageous action by Governor Moore is an important piece of a much bigger puzzle of addressing the devastating drug war which disproportionately harmed, and continues to harm, marginalized Black and brown communities," said University of Baltimore School of Law Center for Criminal Justice Reform Executive Director Heather Warnken. "We celebrate this historic win and look forward to partnering with the administration on the work ahead."
It's important to note that a pardon differs from an expungement. Though the Maryland Judiciary will note that an offense has been pardoned, it will still appear on an individual's record. Expungement completely removes a criminal conviction from public records. Individuals seeking to remove a conviction from their record must file for an expungement. Learn more about filing for expungement at mdcourts.gov/legalhelp/expungement.
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