In a landmark move, Maryland’s Governor has taken a bold step toward rectifying historical injustices by issuing pardons for past marijuana convictions. This decision marks a significant turning point in the state’s approach to marijuana legislation and criminal justice reform, reflecting a broader shift in societal attitudes towards cannabis. The implications of this move are far-reaching, touching on social justice, economic opportunities, legal precedents, and community well-being.
Addressing Historical Injustices
For decades, marijuana laws have disproportionately impacted marginalized communities, particularly Black and Latino populations. These communities have faced higher rates of arrest and conviction for marijuana-related offenses, leading to long-term consequences that extend beyond the criminal record. By issuing these pardons, the Governor acknowledges these disparities and takes a crucial step toward addressing the systemic biases that have plagued the criminal justice system.
Pardoning individuals for marijuana offenses helps to reduce the social stigma associated with having a criminal record. It sends a powerful message that society is willing to move past punitive measures and towards more compassionate and equitable solutions. This act of clemency not only offers a fresh start to those directly affected but also contributes to a broader narrative of healing and reconciliation.
Pardons vs Expungement
A pardon and an expungement are both forms of legal relief that can help individuals with criminal records, but they serve different purposes and have different effects:
Pardon:
• Definition: A pardon is an act of clemency granted by a government official, typically a governor or the president, that forgives a person’s crime and eliminates some or all of the legal consequences of a conviction.
• Effect: While a pardon forgives the crime, it does not erase the conviction from the person’s criminal record. It is a sign of forgiveness and can restore certain rights, such as the right to vote or own firearms, depending on the jurisdiction.
• Process: Obtaining a pardon usually involves a formal application process, review by a pardoning board or official, and a decision by the appropriate authority.
Expungement:
• Definition: Expungement is a legal process that removes a conviction from a person’s criminal record as if it never occurred. It effectively “seals” the record from public view.
• Effect: An expunged record is typically not accessible by employers, landlords, and the general public, although it may still be visible to law enforcement and certain government agencies.
• Process: The process for expungement varies by jurisdiction and usually requires filing a petition with the court, meeting specific eligibility criteria (such as the passage of a certain amount of time since the conviction), and sometimes a court hearing.
Economic Opportunities
The economic ramifications of these pardons cannot be overstated. A criminal record can be a significant barrier to employment, housing, and other essential aspects of life. By clearing these convictions, individuals are given a fairer chance to participate in the workforce, secure housing, and contribute to the economy.
For employers, this opens up a larger pool of qualified candidates who were previously overlooked due to their criminal records. For individuals, it means the possibility of stable employment and the opportunity to build a better future. Housing access is also improved, as many landlords who conduct background checks might previously have denied housing to those with marijuana convictions.
After a Pardon:
1. Public Record:
• The conviction remains on the public record. Even though the person is forgiven, the original crime is still visible, which can affect job applications, housing opportunities, and social stigma.
2. Employment:
• Some employers may still consider the original conviction, especially in fields requiring background checks (e.g., education, law enforcement, and healthcare). However, the pardon can be seen as a mitigating factor.
3. Legal Rights:
• While a pardon can restore certain rights (such as voting, jury service, or firearm ownership), the extent of rights restored varies by jurisdiction. Some states may not fully restore all rights.
4. Social Perception:
• There can be lingering social stigma despite the pardon, as public perception may not fully embrace the concept of forgiveness granted by the state.
After an Expungement:
1. Limited Access:
• Expunged records are sealed but not destroyed. Law enforcement and certain government agencies can still access these records, which can affect future legal matters or applications for sensitive positions.
2. Disclosure Requirements:
• In some jurisdictions, individuals might still need to disclose expunged convictions in specific circumstances, such as applying for professional licenses or working in federal jobs.
3. Incomplete Erasure:
• Not all records are always expunged. Arrest records, court documents, and references in third-party databases may still exist, causing occasional resurfacing of the expunged information.
4. Background Checks:
• Although expunged records are not supposed to show up on standard background checks, errors in reporting can occur, potentially leading to issues with employment, housing, and other opportunities.
5. Social and Psychological Impact:
• The individual may still experience anxiety or fear about their past being discovered, which can affect their personal and professional relationships.
Maryland’s decision sets a powerful example for other states, cities, and municipalities to follow. It encourages similar measures across the country, contributing to a broader movement toward marijuana legalization and criminal justice reform. This action aligns state policy with growing public support for marijuana legalization and recognizes that past laws were overly punitive and counterproductive.
Furthermore, these pardons highlight the importance of aligning legal frameworks with contemporary societal values. As more states consider marijuana legalization, the question of how to address past convictions becomes increasingly relevant. Maryland’s approach provides a model for balancing justice and mercy, demonstrating that it is possible to move forward without leaving behind those who have been unjustly penalized.
"Proud to see my state Governor step out so strong on a issue that should be prioritized at the Federal, State, and Local levels" ~ Councilman Martin Mitchell (Former At-Large Laurel City, Maryland Councilman)
Economic Benefits for the State
Beyond the individual level, the state stands to benefit economically from these pardons. Reducing the number of people entangled in the criminal justice system can lead to significant cost savings. Resources previously allocated to court proceedings, incarceration, and probation can be redirected toward more constructive uses.
Additionally, enabling more people to participate fully in the workforce boosts economic productivity. It reduces reliance on social services and helps create a more robust and inclusive economy. These pardons, therefore, represent an investment in the state’s economic health and future prosperity.
Strengthening Communities and Families
The impact of these pardons extends to families and communities as well. Removing the barriers that prevent individuals from fully participating in family life, such as restrictions on housing and employment, helps to strengthen family units. Children and spouses benefit from the stability and opportunities that come with having a parent or partner who is gainfully employed and housed.
Community trust is also bolstered by actions like these. When the government takes steps to address past wrongs, it helps to rebuild trust between communities and the state. It shows a commitment to fairness, equity, and restorative justice, fostering a sense of hope and possibility.
Minorities for Medical Marijuana’s Community expungement program, Project Clean Slate, started in 2021 and has since provided services in over 10 states, assisting thousands of individuals with expungement and wrap-around services, education, and outreach. This initiative has gained substantial support from cannabis companies including Mary and Main, Blunts & Moore, AYR Wellness, Cresco, Trulieve, GTI, and notably the Hawthorne Social Justice Fund. By offering comprehensive legal assistance, employment and housing support, healthcare counseling, and community workshops, Project Clean Slate addresses the multifaceted needs of those impacted by marijuana convictions. The program not only aids in clearing criminal records but also advocates for broader criminal justice reforms, promoting social justice and equity across affected communities.
Ex-felons and convicted persons often require a comprehensive range of social services to support their successful reintegration into society. Resources are needed to help support these services which include:
1. Employment Assistance:
• Job Training and Placement: Programs that provide vocational training, resume building, interview preparation, and job placement services.
• Employer Incentives: Initiatives that encourage employers to hire ex-felons, such as tax credits or bonding programs.
2. Housing Support:
• Transitional Housing: Temporary housing solutions that provide a stable living environment while individuals find permanent housing.
• Affordable Housing Programs: Access to low-cost housing options and assistance with rental applications.
3. Educational Opportunities:
• Continuing Education: Access to GED programs, community colleges, and vocational schools.
• Scholarships and Grants: Financial aid specifically for ex-felons to pursue higher education.
4. Mental Health Services:
• Counseling and Therapy: Access to mental health professionals for individual or group therapy.
• Substance Abuse Treatment: Programs for those dealing with addiction, including inpatient and outpatient treatment options.
5. Legal Assistance:
• Expungement Services: Legal aid to help navigate the process of expunging criminal records.
• Rights Restoration: Assistance in restoring voting rights and other civil liberties.
6. Financial Assistance:
• Budgeting and Financial Planning: Education on managing finances, creating budgets, and building credit.
• Emergency Financial Aid: Access to funds for immediate needs such as food, clothing, and transportation.
7. Family Support Services:
• Reunification Programs: Services to help reestablish family connections and resolve conflicts.
• Parenting Classes: Education on effective parenting techniques and family dynamics.
8. Health Care:
• Medical Services: Access to general health care, including routine check-ups and chronic disease management.
• Health Insurance: Assistance in enrolling in health insurance programs.
9. Peer Support and Mentorship:
• Support Groups: Groups where individuals can share experiences and support each other’s progress.
• Mentorship Programs: Pairing with mentors who provide guidance, support, and accountability.
10. Community Integration Programs:
• Volunteer Opportunities: Programs that involve ex-felons in community service to foster a sense of belonging and purpose.
• Social Activities: Organized activities that promote socialization and positive community involvement.
As we celebrate Juneteenth today and the spirit of freedom and equality it stands for let's acknowledge the Governor’s decision to pardon past marijuana convictions in Maryland is a significant and commendable step toward justice and equity. It addresses historical injustices, opens up economic opportunities, sets important legal precedents, and strengthens communities. As we move toward a more just and equitable society, actions like these are essential in ensuring that everyone has the opportunity to rebuild and thrive. Maryland’s example serves as a powerful reminder that true justice involves not just changing laws but also healing the wounds of the past
Author
Roz McCarthy
Founder/CEO
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