Maryland's legalization of recreational marijuana a little over a year ago has obviously been a boon for users. But it's also been a boon for the state, bringing in more than $26 million in tax revenue in the second half of 2023. Meanwhile, citizens with records of possession convictions — many of whom committed crimes that are no longer punishable at all — have been left behind. Last week, Governor Wes Moore (D) made the right decision and pardoned them.
Governor Moore's executive order pardoning an estimated 100,000 people for low-level marijuana offenses is a great example of pardons done right. The majority of the cases pardoned were minor offenses, including possession of drug paraphernalia and possession with intent to use. Pardons also help address glaring racial disparities. Before Maryland joined 23 states and Washington, D.C., in legalizing recreational marijuana through a constitutional amendment passed last year, black Marylanders were three times more likely to be arrested for a drug offense.
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Maryland's policy is part of a national trend. President Biden pardoned about 6,500 Americans for similar misdemeanors in his 2022 pardon initiative. There's not much he can do. Most convictions are handed down at the state level, so it's up to state officials to expunge them. But the president's thinking on pardons gives state officials a model. The pardon power is a powerful power and is easily abused. Donald Trump misused it to acquit close aides, including former national security adviser Michael Flynn, of serious violations of the law. Bill Clinton used the pardon power at the last minute to pardon a fugitive whose ex-wife was a major Democratic donor. Biden has also embraced the pardon power in individual cases, but it's based on principle rather than personal favor, focusing on people who have paid their debt to society in prison and further contributed to their families and communities after their release. (Indeed, Trump has granted similar pardons to certain drug offenders.)
But importantly, Biden used his pardon power to pardon a broader range of inmates. In commuting the sentences of 75 nonviolent drug offenders and pardoning 6,500 people with misdemeanor marijuana offenses, he took into account how the law has changed since those sentences were imposed. The 75 nonviolent drug offenders would receive shorter sentences if tried today.
In states that are already doing what the federal government is trying to do, Moore seems to be on the same page. Sentences for the types of crimes pardoned in Maryland this month were already short, and a 2023 amendment completely halted prosecutions for misdemeanor possession charges. That means no one will get out of prison as a result of the pardon, because no one who is eligible will be incarcerated there. But the move remains significant, both symbolically and practically. The impact of a drug conviction extends beyond the time a person serves in prison. Maryland already has a “ban on the box,” or prohibits employers from conducting criminal background checks on applicants before the first in-person interview. But at a later stage in the hiring process, companies that do background checks can decide not to hire job applicants with blemishes on their records, even if they were years ago and even if the crime for which they were convicted is no longer a crime.
Take Shiloh Jordan, 32, who stood next to Moore as he signed the executive order. He lost the job he already had on a single marijuana possession charge after a background check revealed his past on his second day on the job. Now he has a college degree, a successful career, and thanks to the pardon, he can be optimistic about whatever comes his way. Others who received pardons were denied housing, education, and more. The executive order will automatically expunge their charges if their only crime was misdemeanor marijuana possession. That applies to about 40,000 cases. The other charges will require judicial expungement, on the reasonable theory that a more comprehensive policy requires legislation.
Marijuana consumption should not be celebrated. Recent health studies suggest that marijuana consumption should be discouraged. But it should not be severely punished by the criminal justice system. Marijuana, like other harmful but legal and controlled substances such as alcohol and tobacco, is less life-altering than mere possession. Governor Moore recognizes this, as do officials in nine other states and several cities. More states and cities should follow suit.
