City officials in Cleveland, Ohio on Wednesday filed motions to expunge more than 4,000 misdemeanor convictions for past cannabis offenses, making good on a 2020 ordinance to reform the city’s cannabis policy. 

Cleveland Mayor Justin Bibb announced the filing of the expungement motions at an event held at the Cuyahoga County Justice Center. The mayor, appearing with Cleveland assistant chief prosecutor Aqueelah Jordan, council president Blaine Griffin, and law director Mark Griffin, told reporters that it was a historic day for the people of Cleveland.

“Today’s event shows our commitment in the city of Cleveland to advancing criminal justice reform,” Bibb told reporters. “But it also gives folks all across the city and across this region a second chance at getting a good job and the quality of life that they deserve.”

At the event, the officials presented the expungement motions to the clerks at the Cleveland Municipal Court located at the county justice center. The motions cover 4,077 misdemeanor weed cases for possession of 200 grams (about seven ounces) or less of cannabis dating back to 2017.

“This is the natural progression of what we (at council) wanted to see; first to decriminalize, then to have records expunged. Before we passed the legislation, we put together a working group with activists and criminal justice experts,” Griffin said in a statement from the city council. “As more and more states legalized marijuana, we wanted to position the city in that direction. For me, this has always been about criminal justice reform.”

Reform Ordinance Passed Two Years Ago

Cleveland officials filed the expungement motions in response to a 2020 city council ordinance to reform cannabis policy that eliminated the threat of fines and jail time for possessing less than 200 grams of cannabis. Under Ohio state law, possession of up to 100 grams of cannabis carries a fine of up to $150, while possessing between 100 and 200 grams is punishable by up to 30 days in jail and a fine of up to $250.

While reviewing past weed cases, the prosecutor’s office identified 455 individuals who were mistakenly charged after the passage of the 2020 ordinance. Those charges were in addition to the thousands of cases since 2017 that prosecutors have determined are eligible for expungement.

“Today, we are moving forward with a motion to expunge all cases of minor misdemeanor marijuana possession to honor the City’s legislation and eliminate criminal consequences,” said Jordan, who also called on the state of Ohio to expand its cannabis reform efforts to include recreational cannabis. Currently, the state has a limited medical weed program for patients with certain qualifying medical conditions.

City officials noted that last week, the U.S. House of Representatives approved the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, a bill to decriminalize cannabis at the national level and expunge past federal cannabis convictions. But local measures can help move the process along.

“We are seeing progress in Washington on this issue, but it’s slow. There are immediate steps we can take right now in Cleveland to clear the names of over 4,000 residents who deserve a fresh start,” Bibb said in the statement from the city. “This is just one way we can make progress on criminal justice reform to balance the scales and remove barriers to employment and re-entry.” 

The expungement motions filed by the city will be considered by presiding judge Michelle Earley and other judges of the Cleveland Municipal Court. The court is expected to hold hearings on the motions before approving the expungements, which are not automatic under the new ordinance.

“The judges have the right to rule on the motions and we will respect those rights,” Jordan said. “Our judges are very busy, and we are going to be very supportive of whatever time they need.”

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A recent letter from the advocacy group The Weldon Project was also signed by more than 150 artists, athletes, producers, lawmakers, policy experts, reform advocates and leaders in business, law enforcement and academia. The letter urges the president to use his authority “to grant  a  full, complete, and unconditional  pardon to all  persons  subject  to federal  criminal  or civil  enforcement  on the basis  of non-violent  marijuana  offenses.”

The Weldon Project is named after its president and co-founder, Weldon Angelos, who was building a promising music career when he was sentenced to 55 years in federal prison in 2003 for selling less than $1,000 worth of marijuana. Angelos was eventually released in 2016 after spending 13 years behind bars, going on to found the Weldon Project to advocate for change and provide support and financial aid to those serving prison sentences for cannabis-related offenses. 

In a press release about the letter, Angelos called on the president to fulfill campaign promises to support cannabis reform efforts.

“Candidate Biden promised to take action and use the pardon power of the presidency to release those serving prison time for marijuana and pardon their felony convictions,” said Angelos. “At a time when dispensaries are as prevalent as liquor stores in some states, it is time for President Biden to now make good on that promise.”

Angelos was joined by celebrities including Drake, Killer Mike, Deion Sanders, Al Harrington and Kevin Garnett, who signed the letter calling for an end to the harm caused by federal cannabis prohibition.

“The harms of incarceration are obvious, but the pains of federal marijuana convictions transcend prison walls, making it more difficult for someone to get a job, access affordable housing and receive an education,” the letter reads. “A conviction can forever limit an individual’s constitutional rights and can put the American dream further out of reach for an entire family. Enough is enough. No one should be locked up in federal prison for marijuana. No one should continue to bear the scarlet letter of a federal conviction for marijuana offenses.”

Cannabis Industry Supports Clemency

The letter went on to note that three-quarters of American states have replaced cannabis prohibition with safe, regulated access to legal marijuana for either medical or recreational use, or both. Kyle Kazan, the CEO of California vertically integrated cannabis producer Glass House Brands, said that his company “fully supports The Weldon Project’s efforts to redress the harm done by the misguided War on Drugs” and urged others in the industry to do the same.

“Legal companies can no longer stand idly by and profit off of cannabis while individuals like Weldon Angelos suffer from the financial and social repercussions of a prison sentence for selling or using the same substance,” Kazan said.

Angelos’ letter urges Biden to exercise his authority under the U.S. Constitution to grant clemency for federal criminal convictions. The letter also notes that a full pardon for those convicted of nonviolent marijuana offenses is consistent with the actions of previous presidents from both political parties.

“In 1974, President Ford established a program of conditional clemency for Selective Service Act violators. In 1977, President Carter issued a categorical pardon to all Selective Service Act violators, closing the book on a costly and painful war,” the letter reads. 

“President Biden has the power to do the same for the federal war on marijuana. Through his act of constitutional grace, a general clemency will send a clear and powerful message that our country is truly taking a new course on criminal justice policy and practice.”

Hip-Hop Artists Join the Cause

Among those signing the letter were music industry leaders including Drake, Meek Mill, Lil Baby, Killer Mike and dozens of hip-hop artists who joined the effort in support of rapper and friend Ralo, who is currently facing up to eight years in prison for a nonviolent cannabis offense. In a statement, Ralo highlighted the inconsistency in enforcement of federal cannabis prohibition and echoed the letter’s call for clemency.

“I appreciate my friends and peers in the hip-hop community, especially Drake, supporting my clemency because it’s just not right that corporations are allowed to violate federal law and become millionaires while people like myself go to prison for years,” Ralo said. “This is hypocrisy. I hope that Joe Biden honors his campaign promise and grants us clemency without delay, so I can return to my family and community.”

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