A blanket pardon of cannabis-related conviction will help to clean up some of the mess impacting the state of Maryland due to cannabis laws that disproportionately affect communities of color. Maryland Gov. Wes Moore announced Monday that he will be issuing pardons for over 175,000 cannabis convictions, in an executive order.

“I’m ecstatic that we have a real opportunity with what I’m signing to right a lot of historical wrongs,” Moored told the Washington Post. “If you want to be able to create inclusive economic growth, it means you have to start removing these barriers that continue to disproportionately sit on communities of color.”

Moore is the only Black governor of any U.S. state, and the mass pardon falls on the same week as Juneteenth—a national holiday that symbolizes the end of slavery. The symbolic move to pardon cannabis convictions that impact communities of color greater sends a message.

Over 150,000 of the convictions eligible for pardon are misdemeanors for simple possession of cannabis, and another 18,000 misdemeanors are for use or possession with intent to use drug paraphernalia. The city of Baltimore alone makes up about a quarter of the entire list of convictions being pardoned, the governor’s office said. Gov. Moore released a video of the executive order announcement Monday. 

A pardon is defined as an act of complete forgiveness that absolves a person from the guilt of a criminal offense, and only a governor has the constitutional power to grant pardons.  And while a pardon restores the civil liberties that are lost as a result of a conviction, it doesn’t expunge a person’s criminal record. The record remains.

Cannabis-related criminal records end up preventing people from getting employment, housing, and education. And as states legalize adult-use of cannabis, others remain behind bars or haunted by cannabis convictions from the past.

Only the judicial branch has the power to expunge a record, however expungement laws were amended in 2022 to start wiping out cannabis-related convictions if this was the only crime charged on a person’s record, CBS News reports.

It’s one of the country’s biggest acts of clemency to date. Leaders in nine other states and numerous cities have pardoned hundreds of thousands of cannabis convictions in recent years. Massachusetts Gov. Maura Healey, for instance, issued a blanket pardon last March that is also expected to impact hundreds of thousands of people in the state, The Hill reports.

But in this case, as Maryland is home to one of the country’s worst examples of disproportionately targeting Black people, representing a move that is greatly needed.

“White Maryland residents use cannabis at higher rates than Black residents, but Black people were more than twice as likely to be charged with possession,” the Washington Post reported. It’s one of the key reasons the governor decided to act.

State leaders also spoke out about why the pardons are needed, especially now. “While the pardons will extend to anyone and everyone with a misdemeanor conviction for the possession of marijuana or paraphernalia, this unequivocally, without any doubt or reservation, disproportionately impacts—in a good way—Black and Brown Marylanders,” Maryland Attorney General Anthony G. Brown told the Washington Post. “We are arrested and convicted at higher rates for possession and use of marijuana when the rate at which we used it was no different than any other category of people.” 

Last Prisoner Project Gets Involved with Maryland’s Mass Pardons

Last Prisoner Project (LPP) issued an announcement detailing the organization’s involvement in the mass pardon.

In a symbolic gesture, Gov. Moore granted these historic cannabis pardons using LPP’s “Pen to Right History”—”a pen that loved ones of people impacted by cannabis incarceration around the country have used to write letters to elected officials asking for justice.” The LPP challenges other governors and leaders across the country to use “Pen to Right History” in their own states.

LPP launched the Pardons to Progress campaign that has sent tens of thousands of letters to governors across the United States, urging them to act. Gov. Moore’s recent move was included in the LPP’s State of Cannabis Justice Report. 

“It has been nearly a year since Maryland passed full cannabis legalization, and at the same time that some are poised to profit off of this burgeoning industry, millions more remain burdened by the collateral consequences of a cannabis conviction,” said LPP Executive Director Sarah Gersten. “LPP is proud to be part of today’s historic announcement which is a crucial step in beginning to right the wrongs of our failed approach to cannabis policy.”

To verify if a Maryland resident is part of the mass pardon, they can check online or at a public courthouse kiosk. 

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Hawaii lawmakers are pressing ahead with an updated cannabis legalization plan, and while the Aloha State could very well be one of the next to embrace adult-use reform, the original plan is already seeing some substantial shifts. Namely, it appears that the Senate is looking to significantly scale back some of the actions surrounding social equity.

The original measure, passed by the House last week, would have automatically expunged tens of thousands of arrest and conviction records for low-level cannabis convictions in the state. On Tuesday, a Hawaiian Senate panel has instead amended the proposal to a single-county pilot program, first reported by Marijuana Moment.

Limiting the Scope of Cannabis Expungements in Hawaii

Similar to the recreational legalization plan, which state lawmakers are separately working to advance, this move is based on plans from Hawaii Attorney General Anne Lopez. 

“Instead of the bill’s statewide automatic expungement program for arrests and convictions,” said Sen. Karl Rhodes (D), chair of the Senate Judiciary Committee. “I propose that we adopt the attorney general’s pilot program for state-initiated expungement of marijuana possession arrests.”

The measure would also only apply to criminal cases “terminated with a final disposition other than a conviction,” 

Back in November 2023, Lopez released her own legalization plan, which the most recent legislation passed by the Senate primarily pulls from. While many lawmakers have praised the new bill and the plan it’s based upon, advocates have expressed concern around the bill’s creation of additional law enforcement protocols.

Among other provisions, the legislation proposes a THC blood limit for drivers (even though THC metabolites can be detected in the body days or even weeks after consumption), the creation of a cannabis enforcement unit within the Department of Law Enforcement and adds eight positions in a drug nuisance abatement unit in the AG’s office.

Rhodes suggested that the pilot program could be located in Hawaii County, the states’ second most populous county, comprising the Big Island and hosting about 14% of the state’s total population.

According to bill sponsor Rep. David Tarnas (D), the original legislation would have made approximately 30,000 people eligible for expungements. Though, if the amendments from the AG’s office remain in place, HB 1595’s ultimate impact would be far smaller. 

Influence from the Attorney General’s Office

Lopez’s office issued a statement saying that, without these amendments, the department “reiterates its strong opposition to this bill.”

“Instead of the bill in its current form, the Department proposes a pilot project whereby certain individuals who have been arrested solely for marijuana possession…and whose arrest resulted in a non-conviction disposition, have the arrest expunged via a state-initiated process,” the department said in a statement.

It continues, arguing that limiting the expungement process to one county would keep the case load manageable using its existing resources and suggested an approximate 14-month duration for the program.

“Results of the pilot project could then be used to evaluate the project’s effectiveness, utility, and efficiency, and to allow the Data Center to make more informed recommendations for future efforts,” the department said.

Hawaii has already introduced cannabis decriminalization, in turn ushering in a record sealing process from the courts, though advocates attest that the process isn’t accessible and can be challenging to navigate. 

Mixed Reception as Hawaii Presses Forward With Potential Reform

The original bill would have automated the process, ensuring that the attorney general’s office “issue, without petition and on the department’s own initiative, an expungement order annulling, canceling, and rescinding all criminal records, including records of arrest and any records of conviction” for crimes of possessing up to three grams of cannabis. The process would have included records for civil violations, petty misdemeanor convictions, juvenile convictions, arrests and convictions, along with any pending charges.

The prior version would have also required the Hawaii Criminal Justice Data Center to identify all eligible cases within 30 days of the bill’s enactment, providing that information in biennial reports to the attorney general’s office, county prosecuting attorneys, county police departments and each state court. 

After receiving those lists, the attorney general’s office would have 60 days to issue expungement orders for the records under the previous version. Within one year of receiving those orders, the judiciary would finish the job.

Some advocates emphasized that the passing of an expungement process in the state was monumental despite the narrower scope.

“This is a huge step forward that will encourage Gov. Green to amplify relief for those with cannabis records through his clemency powers, something the Hawai’i legislature has already urged him to do,” said Frank Stiefel, senior policy associate for the Last Prisoner Project.

Others like Karen O’Keefe, director of state policies for Marijuana Policy Project, said that the changes “represent a severe blow to cannabis justice.”

“An economic life sentence is an outrageously disproportionate penalty for possessing a substance that most Hawaii residents—and the Hawai’i Senate—believe should be legal,” O’Keefe told Marijuana Moment. “Testimony at the House Judiciary Committee’s informational briefing made it clear Hawai’i can and should remove this stigma which derails so many lives.”

The changes to HB 1595 come fresh off the Senate’s passing of SB 3335, which would allow adults over the age of 21 to possess up to an ounce of cannabis and up to five grams of cannabis concentrates, along with establishing a recreational cannabis sales framework. 

That bill now heads to the state’s more conservative House for consideration, which has historically been resistant to adult-use cannabis policies.

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A clerk from the Missouri Supreme Court recently shared in a House of Representatives committee meeting on Jan. 17 that the state has expunged 103,558 cases involving people with cannabis convictions. However, many older court records are not digitized, and it is requiring a lot of time and effort on the parts of circuit clerks to comb through every case in search of expungements.

“We’ve had about 100,000 cases expunged, but I can’t tell you, of that, how many more there are to go,” said court clerk Betsy AuBuchon, according to The Missouri Independent. She added that currently, about 10% of cannabis-related cases are reviewed and eligible. However, AuBuchon requested $3.7 million in the 2024 budget to go toward Missouri courts for expungement purposes.

Missouri state law dictates that cannabis tax revenue primarily go back into the state’s cannabis regulation agencies. Anything left over will then be given to the court system to continue funding expungements for eligible cannabis-related convictions through a special assistance program. 

In March 2023, state courts would receive $4.5 million either to pay employees overtime, or hire temporary workers to complete expungements. In May, the courts were approved to receive $2.5 million in a supplemental budget.

The Missouri Independent spoke with supreme court communications counsel, Beth Riggert, who stated that circuit courts need to request for a fund reimbursement from the Circuit Court Budget Committee. That committee has provided $4.2 million to county courts so far. “Some circuit courts have advised they have not requested special assistance funds because they did not have current court clerks willing or able to work overtime and/or have been unable to find qualified individuals to provide special assistance because the analysis required is complicated and better done by experienced personnel, such as retired clerks,” said Riggert.

Out of the total 103,558 expungements that have been completed so far, Green County has received the most funds with $940,000, and completed 4,306 expungements. The county with the second-highest expungement number is Laclede County (3,515 expungements and $35,000 in funds), followed by St. Louis County (3,749 expungements and $135,000 in funds), Frankline County (3,200 expungements and $53,000 in funds), and Jackson County (2,900 expungements and $195,000 in funds).

Courts are expected to expunge cannabis-related misdemeanors before June 8, 2024, and all felonies by Dec. 8, 2024.

Rep. Maggie Nurrenbern inquired how long it will take for the courts to clear nearly everything. “We are doing our best,” said AuBuchon, who was unable to provide a solid end date for the work.

Bryan Feemster, a circuit clerk from Greene County, told the news outlet about the process of locating and expunging cannabis-related cases. “You have to look at every count in the case and see whether it actually had to do with marijuana or not,” Feemster said, explaining that clerks must read each case thoroughly.

Feemster hired four previously retired clerks to work on expungements part time and brought on two additional people to sift through boxes filled with thousands of paper files that can’t be pre-screened for expungement. “They don’t do anything else,” Feemster explained of the team of six clerks.

Adult-use cannabis was legalized through a voter initiative in November 2022, called Amendment 3, which went into effect in December that year, followed by sales starting in February 2023. Part of the push for legalization prior to the vote was that it would provide “automatic expungements” for people who served their sentences, so they wouldn’t have to petition the court or attend hearings to complete expungement.

However, due to the lack of digital records, this is much easier said than done. “Let me be the first to tell you there is nothing automatic about that,” AuBuchon said.

Feemster told The Missouri Independent that they’re working as quickly as they can. “From 1989 back, we’re going through every single criminal record to find out whether there’s something in there that might qualify,” said Feemster. “And it is, as you might imagine, very slow and tedious.”

Not all counties are lucky enough to find retired clerks with legal experience to hire. In Johnson County, county clerks have expunged 529 cases, and received $18,000 to conduct the expungement. “I have not done any kind of research to see how far along we are,” said Johnson County circuit clerk, Marcy Anderson, of her team. “We just continue to do it every day.”

Likewise, Jackson County spokesperson, Valerie Hartman, shared that clerks have reviewed 20,000 files, and so far has expunged almost 3,000 cases. First, they have reviewed cases between 1989-2022 that came from the Office of State Courts Administrator, the Missouri Corrections Department, and the Missouri State Highway Patrol, and next they’re trying to figure out how to access old criminal databases to potentially find more paper case files. “We have no information nor an estimate on how many additional drug cases await our review,” Hartman said.

As of November 2023, county clerks were far behind the deadlines. Missouri attorney Dan Viets, who often defends cannabis cases, contributed to the writing of Amendment 3. Last year, he said in a KMBC report that progress continues to be made regardless of the deadline. “We have always said that as long as the courts, the circuit clerks in particular, are making a good faith effort to comply with the law, to get those cases expunged, that we’ll be satisfied,” said Viets. “They have not technically met the deadline. But on the other hand, we’re dealing with a century of marijuana prohibition in Missouri. So, there are hundreds of thousands of cases.”

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Over the last half-decade, millions of Americans have seen their marijuana-related convictions expunged by state courts, according to a new report from the National Organization for the Reform of Marijuana Laws (NORML).

The findings highlight a byproduct of the legalization of recreational cannabis for adults, as states that have ended prohibition have also included a path toward pardons and expungements for those who have previously been busted for marijuana. Additionally, President Joe Biden issued pardons in 2022 to individuals with low-level federal marijuana convictions.

NORML’s report, based on publicly available information, revealed that “state and local courts have taken action on an estimated 2.3 million marijuana-related cases” since 2018. According to the report, the states “that have been most active in providing relief to those with past convictions include California, Illinois, Missouri, New Jersey, New York, and Virginia –– all states that have legalized recreational cannabis for adults. 

NORML said that it “estimates that state and local police have made more than 29 million marijuana-related arrests since 1965,” and that among those who were arrested, “some 90 percent were charged with low-level cannabis possession offenses.”

“Hundreds of thousands of Americans unduly carry the burden and stigma of a past conviction for behavior that most Americans, and a growing number of states, no longer consider to be a crime,” NORML’s Deputy Director Paul Armentano said in a statement on the report. “Our sense of justice and our principles of fairness demand that public officials and the courts move swiftly to right the past wrongs of cannabis prohibition and criminalization.”

NORML’s report details a number of examples of state governors and local officials issuing pardons for low-level pot convictions, including in Illinois, where Democratic Gov. J.B. Pritzker issued 11,017 pardons to those with low-level marijuana convictions in 2019.

In the report, NORML also breaks down the differences between pardons and expungements.

“While pardons provide a level of forgiveness for past crimes, these are not the same as expungements – which seal past convictions from public view. To facilitate the latter, lawmakers in many states in recent years have enacted laws providing explicit pathways to expunge the records of those with low-level marijuana convictions. In some cases, those eligible for expungement relief are not required to take any action. Instead, state officials automatically review past records and notify those who meet the state’s criteria for expungement. In other cases, state law requires those seeking to have their records expunged to petition the courts in order to have their records reviewed and vacated,” the report said. “Predictably, states that have automated the review and expungement process have seen a massive uptick in the processing of marijuana-related expungements.”

Despite all the sweeping reforms at the state and local level, cannabis remains prohibited under federal law. But Biden’s actions were significant, affecting around 6,500 United States citizens.

“As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana.  Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities.  And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates,” Biden said in 2022 after issuing the pardons. 

In addition to the pardons, Biden also urged “all Governors to do the same with regard to state offenses.”  

“Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either,” the president said, adding that he had asked “the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.”

“Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances.  This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic,” he said.

A year later, President Biden issued a second pardon proclamation that “will pardon additional offenses of simple possession and use of marijuana under federal and D.C. law.” 

“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana.  It’s time that we right these wrongs,” Biden said in 2023. “Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either. That’s why I continue to urge Governors to do the same with regard to state offenses and applaud those who have since taken action.”

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The U.S. Department of Justice (DOJ) announced in March that it was officially opening up an online portal to make it easier than ever for those who hold low-level cannabis convictions to apply for a pardon. Now the DOJ’s Office of the Pardon Attorney published a notice on July 18 stating that the deadline has been extended until August 15.

The Office of the Pardon Attorney wrote that it is submitting a request to extend pardon applications through 2026. “DOJ seeks PRA [Paperwork Reduction Act] authorization for this information collection for three (3) years,” it stated. “OMB [Office of Management and Budget] authorization for an ICR [Information Collection Request] cannot be for more than three (3) years without renewal. The DOJ notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.”

“The purpose of this collection is to gather information necessary to enable the Office of the Pardon Attorney, U.S. Department of Justice to expeditiously administer the provisions of the Executive Order 10467, a proclamation granting pardons to individuals charged or convicted of simple possession of marijuana,” the notice stated. “The collection will enable individuals to apply for certificates of pardon, restoring political, civil, and other rights by implementing a process to provide certificates of pardon as provided by the order.”

The DOJ expects 20,000 people to apply for a pardon and complete the necessary information, which includes personal information (name, mailing address, email address, and citizenship status) as well as individual docket and case number, the code section for the charge, copies of all relevant documents (such as indictments, complaints, or other conviction documents), and the date the sentence was imposed.

This pardon directive was enacted by President Joe Biden in October 2022. “As I’ve said before, no one should be in jail just for using or possessing marijuana,” Biden tweeted. “Today, I’m taking steps to end our failed approach.”

The DOJ explained in March what makes a person eligible for a pardon. “Those who were pardoned on Oct. 6, 2022, are eligible for a certificate of pardon,” the DOJ wrote in a press release. “Consistent with the proclamation, to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of marijuana in either a federal court or D.C. Superior Court, and the applicant must have been lawfully within the United States at the time of the offense.”

Following Biden’s pardon announcement, the U.S. Sentencing Commission announced that more than 1,450 people in Arizona with federal cannabis possession charges would be pardoned. The only state to receive more pardons is California, with 1,550 eligible people. However, the pardons do not affect those whose convictions include selling cannabis illegally.

The U.S. Department of Health and Human Services and U.S. Food and Drug Administration (FDA) are currently working on an eight-step federal cannabis scheduling review to determine if cannabis should be rescheduled under the Controlled Substances Act. However, there is no definitive deadline that marks when these agencies will complete the review. If or when it is finished however, it would be sent to the Drug Enforcement Administration for final decisions.

Recently, officials in multiple states, including Illinois, Maryland, Massachusetts, Minnesota, and Utah, sent data to the FDA regarding their medical cannabis programs with the intention of contributing to the review.
Federal rescheduling or descheduling cannabis could open up many opportunities for cannabis consumers and businesses. Just recently, cannabis businesses in Vermont were informed that they were not eligible for federal emergency aid, due to cannabis being a Schedule I substance, when powerful storms caused flooding throughout the state and harmed their businesses and livelihood.

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Recently the Justice Department Bureau of Justice Statistics (BJS) reported that the percentage of people in federal prison for cannabis convictions has dropped 61% between 2013-2018. The data was featured in an article published on July 13, entitled “Sentencing Decisions for Persons in Federal Prison for Drug Offenses, 2013-2018.”

BJS Director Dr. Alexis Piquero explained that the decrease of people with cannabis-related convictions in prison was the most significant drop in comparison to other substances. “Although the number of people in federal prison for drug offenses decreased over this five-year span, they still accounted for a large share—almost half—of the people in [Federal Bureau of Prisons] BOP custody in 2018,” said Piquero. “At the same time, we saw differences by the type of drug involved, with more people incarcerated for heroin and methamphetamines and fewer for marijuana and cocaine.”

In the same time period, crack cocaine imprisonments dropped by 45%, powder cocaine dropped by 35%, and there was a 4% decline for those imprisoned for opioids. On the other hand, heroin has increased by 13%, and methamphetamine increased by 12%.

A large majority of people incarcerated in these prisons were labeled as trafficking convictions, and much fewer for possession. In 2013, 94,065 were in federal custody due to trafficking, but only 548 for possession or “other drug” offenses. In 2014, trafficking decreased slightly to 92,378 and possession up to 581 individuals, followed by 88,386 for trafficking and 525 for possession in 2015.

However, the most significant change occurred in 2016. Trafficking continued downward, but the number of people in federal prisons dropped to just 150 people. In 2018, only 54 people remained in prison for possession, and made up less than 0.1% of all prisoners.

The report also included a breakdown of sex, race, and ethnicity separated by drug offense by the end of 2018. For cannabis, 19.3% of prisoners were white, 18.4% were Black, 59.3% were Hispanic, 1.8% were Asian/Native Hawaiian/Other Pacific Islander, and 1.3% American Indian/Alaska Native. Of these prisoners, 95.1% were male, and 4.9% were female.

There’s a clear trend with the decrease in cannabis prisoners and the growth of legalization across the U.S. between 2013-2018, although with a lack of data between 2018 to present day, it will be some time before more information can be revealed.

Other government agencies’ data contributes to the big picture. In March, the U.S. Sentencing Commission (USSC) showed federal drug trafficking data for 2022. While the report showed that cannabis cases were decreasing, with 5,000 in 2013 to 806 in 2022, cases involving other substances such as cocaine, fentanyl, and methamphetamine have increased.

Back in October after President Joe Biden announced he would be pardoning people with federal cannabis convictions on their record, the USSC stated that 6,577 people could possibly receive pardons. 

In March, the U.S. Justice Department finally launched its own pardon certificate application for people who want to be pardoned for low-level federal cannabis convictions. “On Oct. 6, 2022, the President announced a full, unconditional and categorical pardon for prior federal and D.C. offenses of simple possession of marijuana,” the U.S. Justice Department wrote in its announcement. “The President’s pardon lifts barriers to housing, employment and educational opportunities for thousands of people with those prior convictions. President Biden directed the Justice Department to develop a process for individuals to receive their certificate of pardon.”

Individual states have also worked on pardoning cannabis convictions over the past year. In November 2022, Oregon Gov. Kathy Brown issued nearly 5,000 pardons for minor cannabis convictions. California Gov. Gavin Newsom pardoned 10 individuals, although only two had cannabis-related convictions. By the turn of the new year, Pennsylvania Gov. Tom Wolf pardoned 2,500 people, 400 of which had nonviolent cannabis convictions on their records. 

More recently, Colorado Gov. Jared Polis announced that he wants to see pardons for psychedelic convictions. “So anybody who has something on their criminal record that is now legal can have that expunged and doesn’t hold them back from future employment opportunities,” Polis said at the Psychedelic Science Conference held in Denver.

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A New Jersey government official wants to keep track of your entire relationship with cannabis in an effort to tackle stoned driving, the New Jersey Monitor reports. Assemblywoman Shanique Speight (D) wants to create a division tasked with compiling data, such as information on any arrests made for driving under the influence where cannabis is present, through use or possession, in addition to other marijuana-related arrests, dismissals, convictions, cannabis seized, and even adjudications of cannabis charges.

The reality of the dangers of driving with cannabis in one’s system is hotly debated. U.S. lawmakers are scurrying to find a way to solve the issue, whether they’re getting people stoned (and even giving them munchies) to research high driving or working on tech to scan your eyeballs, they really, really want to find a way to identify (and prosecute) anyone driving under the influence of cannabis. Never mind the fact that weed legalization in Canada is not linked to an increase in car crashes. 

Speight was inspired to tackle the problem in her home state after visiting Colorado, the first state to have legal recreational weed, in the summer of 2022 and observing how the state deals with motorists driving under the influence of cannabis. “I don’t know if they have the correct guidance on how to charge without overstepping,” Speight said. Colorado has an office under the state’s criminal justice division that monitors and logs any cannabis offenses, yet New Jersey has no similar centralized database. “When I saw what they were doing over there, I started thinking about how that would be good for our state,” she said. “I like the fact that they have a certain division handling and keeping track of these cases.”

So, New Jersey residents, you can get mad at Colorado for inspiring your state to step up its vigor regarding cannabis-related driving arrests. Speight aims to create the division to help the police know under what circumstances they can arrest someone. This means the state government will be collecting more information about its citizens, which will be presented annually to the governor and Legislature, and include any recommendations for improvements.

The bill, introduced earlier this month (sponsored by Sen. Vin Gopal (D) in the Senate), would additionally create a “public awareness campaign” about cannabis and driving. It’s currently referred to both chambers’ law and public safety committees.

In New Jersey, recreational cannabis is legal for adults 21 and over. You can possess up to six ounces. If you are caught with more than that, the cops can’t arrest you but can issue a summons. Additionally, they can’t search your car without a warrant just because they think they smell weed smoke. If a cop does overreach and investigate cannabis use for anyone under 21, they can be charged with deprivation of civil rights for knowingly violating the cannabis law’s requirements. They then face up to five years in prison and a $15,000 fine. 

As a result, Speight says that she’s “troubled” by incidents where New Jersey police don’t know what to do. Many officers take a more hands-off approach to avoid getting in trouble due to the current law, and the proposed data collection-based division aims to tackle this. While the existing rules sound favorable to anyone who enjoys pot, it’s confusing police, who, without a current, accurate cannabis version of the breathalyzer, have a hard time figuring out if someone is driving stoned or not. 

“All of this gets complicated to me, but I don’t think it should be ignored. It should be addressed,” Speight adds, noting she hopes to work with both cannabis advocates and law enforcement on the bill.

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The Louisiana House of Representatives recently passed a bill to improve the state’s expungement program for cannabis possession convictions. Rep. Delisha Boyd sponsored the bill, which passed with a 69-30 vote. “House Bill 286 is a request for a reduction in expungement fees in first offense marijuana. I’ve worked closely with the DA association, sheriffs, and the clerks, to put this bill in its proper posture,” Boyd said at the hearing on May 23.

The Louisiana House Democratic Caucus recently posted on social media about the bill’s passing as well. “This bill passed the House today and will make it easier for people to get the post-conviction relief and justice they need and deserve. #LaLege #LaGov.”

The bill was amended by House representatives, including the adoption of the proposed law that would only apply to 14 grams or less, and also stating that the fee would be set at a maximum of $300 for those convicted of misdemeanor offenses for cannabis possession.

According to the bill, these fees will be distributed immediately to the proper channels. “The clerk shall immediately direct the collected processing fees provided…to the sheriff and the district attorney, and the processing fee amount shall be remitted immediately upon receipt in equal proportions to the office of the district attorney and the sheriff’s general fund,” the bill states.

HB-286 is currently moving forward in the Senate. On May 24, it was read by title and placed on the calendar for a second reading, followed by a second reading on May 25 and a referral to the Committee on Judiciary C.

Another Louisiana bill was passed in a committee on May 23. According to Rep. Mandie Landry, House Bill 351 made it through the Labor and Industrial Relations Committee, which is notorious for its reputation of making it difficult to pass bills through. “Nothing makes it out of the Labor Committee here,” said Landry, according to Fox8. “Not minimum wage, not employment protections…It’s really hard.” The bill strives to protect employees with medical cannabis cards by providing them with unemployment benefits if they were fired due testing positive for cannabis. 

HB-351 passed with a 6-5 vote, but the opposition voiced concern regarding the liability for employers if an employee is under the influence of cannabis while on the clock. One member said that the bill isn’t the right solution, arguing that it needs to be “very strongly vetted over a good period of time.”

Landry responded, arguing that a solution is needed now. “Medical marijuana is legal,” Landry said. “Every person has every right to question their employers or the state and say, ‘Why am I losing my job for using something that’s legal?’ This is a problem the state created.”

In April, two Sen. Stewart Cathey and Sen. Jay Morris claimed that they were misled when they voted to approve Senate Bill 219. “Last session we unknowingly created a recreational THC market in Louisiana,” Cathey said. “It was not the intent of the Legislature to authorize a statewide flood of unregulated THC psychoactive drug marketplace.”

“If we’re going to legalize [recreational THC], it needs to be done openly and honestly, which wasn’t done,” Morris explained. “It was sold to the Legislature as if we weren’t allowing psychoactive materials.” HB-351 hasn’t moved forward since Cathey and Morris made these statements.

Louisiana cannabis decriminalization went into effect along with 250 other laws in August 2021. Policy & advocacy director at Louisiana Progress, Peter Robins-Brown explained his hope for the future. “Marijuana decriminalization will truly make a difference in the lives of the people of our state,” said Robins-Brown. “It’s an important first step in modernizing marijuana policy in Louisiana, and it’s another milestone in the ongoing effort to address our incarceration crisis, which has trapped so many people in a cycle of poverty and prison. Now it’s time to make sure that everyone knows their rights under this new law, and that law enforcement officers understand how to properly implement it.”

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Cleveland, Ohio is speeding up the process to expunge records for low-level, misdemeanor cannabis convictions after a state bill unlocked the mayor’s power to do so. 

Cleveland Mayor Justin Bibb, who won office at age 34 as the city’s first millennial mayor, is once again connecting with his constituents and giving them what they asked for—cannabis expungements.

“I talked to so many residents who couldn’t get a job, who couldn’t get access to a student loan, who couldn’t get access to qualify for housing because they had collateral sanctions on their record, many of which stem from low-level marijuana convictions,” Bibb said.

Grants to cover filing fees and expungement clinics are rolling out to make expungements possible. “We knew we were going to face some uphill battles in the legal system,” he said.

Bibb also advocated for Senate Bill 288, which was signed into law by Ohio Gov. Mike DeWine last January. The bill helps enable the city of Cleveland to provide expungements by removing barriers that previously hindered Bibb’s attempts to expunge records even earlier.  

“We try to fight on behalf of our residents,” Bibb said.

Now that SB 288 was approved, Bibb and the city are free to take further action. The Bibb administration is working to notify eligible people with cannabis conviction records. After that, the city will file motions on behalf of those people using a $10,000 grant to help pay for filing fees related to expungement and the sealing of records. The city is working with organizations to host expungement clinics where people can file and close their cases, without going to court. 

“So now cities and counties now have legal standing to expunge those minor marijuana misdemeanors all across the state of Ohio,” Bibb said.

Spectrum News 1 reports that Bibb’s actions were applauded by the National Organization for the Reform of Marijuana Laws (NORML). “During college, I got a firsthand look at the justice system after being arrested for simple possession,” said NORML Program Director Morgan Fox.

“I would see the people that were there that had the exact same charges me with the exact same legal history as me, but who did not look like me getting significantly larger sentences, whether it be larger fines, longer probation or in some cases even jail time, just for very simple possession of cannabis.”

Bibb’s proactive measures are an example other leaders could follow.

“I think Mayor Bibb has ever shown fantastic leadership on this issue,” Fox said. “And, you know, from a national perspective, I wish there were a lot more people like him that were leading the way on starting these programs that directly affect the communities that they have been elected to lead.”

According to the Bibb administration, 838 people have received expungements after his office coordinated with the Biden administration. The mayor announced that he had assisted with over 4,000 court cases on April 4, with the goal to seal those records. “We will continue to spread the message that the City of Cleveland stands ready to help our citizens make positive steps forward in their lives,” Mayor Bibb said at the time. 

The idea is to make the process simpler. “We understand that citizens don’t always want to engage in the criminal justice system, it’s not always user friendly. And sometimes it’s really hard for citizens to get access,” said Chief Prosecutor Aqueelah Jordan. “We can, as a city, do this on behalf of these residents who have been negatively impacted by historical inequities.” 

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Two House lawmakers this week reintroduced bipartisan legislation to support states that enact policies to expunge convictions for past cannabis offenses. The bill, the Harnessing Opportunities by Pursuing Expungement (HOPE) Act, was introduced on Wednesday by Republican Representative Dave Joyce of Ohio and Representative Alexandria Ocasio-Cortez, a Democrat from New York.

If passed, the HOPE Act would provide federal grants to help states with the financial and administrative burden of expunging past convictions for marijuana-related offenses. The bill was previously introduced in 2021 but failed to be scheduled for a hearing or a vote in the previous Congress. The lawmakers behind the bill, who have been vocal advocates of cannabis policy reform at the federal level, said that expunging records can help reduce the lasting impact of a conviction for a minor criminal offense.

“The vast majority of petty, non-violent cannabis law violations take place on the state and local level, precluding millions of Americans from fundamental opportunities such as housing and employment,” Joyce said in a statement. “As both a former public defender and prosecutor, I understand firsthand how these barriers can negatively impact families and economic growth in Ohio and across the nation. The HOPE Act works to remove those barriers in a bipartisan manner to pave the way for the American Dream and remedy the unjust war on cannabis.

The legislation would provide up to $20 million in federal grants over 10 years to state and local governments to clear records of past marijuana convictions. Funding could be used to implement technology to clear large amounts of records automatically, clinics to assist individuals eligible for expungement, notification systems to inform people when their records have been cleared, administrative costs to seal records, and partnerships to assist with expunge records at scale.

“As we continue to advocate for the decriminalization and legalization of marijuana, this bipartisan bill will provide localities the resources they need to expunge drug charges that continue to hold back Americans, disproportionately people of color, from employment, housing and other opportunity,” said Ocasio-Cortez.

Brian Vicente, founding partner of the cannabis law firm Vicente LLP, said that the legislation complements an executive order issued by President Joseph Biden last year that pardoned all federal convictions for simple cannabis possession. At the time, the president called on governors to take similar action at the state level and wrote on Twitter that “Sending people to jail for possessing marijuana has upended too many lives — for conduct that is legal in many states.”

“The HOPE Act is true to its name. Its reintroduction by the ‘odd-couple’ of liberal Rep. Ocasio-Cortez and conservative Rep. Joyce shows the world that bipartisan support for marijuana reform exists at the highest level of government,” Vicente wrote in an email to High Times. “It reinforces the fact that key members of Congress agree with the majority of the American public—adults who use marijuana should not face criminal sanctions. This bill would put some real teeth behind President Biden’s 2022 declared interest in pardoning people with federal marijuana convictions by providing significant funding to state programs to expunge state-level marijuana offenses.”

The reintroduction of the HOPE Act drew quick praise from activists and cannabis industry representatives including the National Organization for the Reform of Marijuana Laws (NORML) and the National Cannabis Roundtable, a trade group that advocates for continued cannabis policy reform.

“The HOPE Act promises just that: hope and a second chance for people suffering the lifelong consequences of a state-level marijuana possession arrest,” NORML political director Morgan Fox said in a statement. “As more states repeal their failed policies of criminalizing marijuana consumers, it is incumbent upon Congress to assist them in repairing the associated harms it helped perpetuate for decades. This legislation is a great step toward righting the wrongs caused by prohibition and improving the lives of millions of people nationwide.”

Saphira Galoob, executive director of the National Cannabis Roundtable, said that “only through expungements can we lift the barriers on employment, education, and housing opportunities for those who have already been unjustly harmed by federal prohibition. With cannabis programs now in 38 states, to continue to hold back and punish individuals for what is now a state-legal activity is the definition of unjust, and NCR thanks U.S. Representatives Joyce and Ocasio-Cortez for their efforts to have Congress help correct these wrongs at long last.”

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