Calling it a “nation-leading effort,” Massachusetts Gov. Maura T. Healey on Wednesday announced her intention to take executive action to pardon misdemeanor marijuana possession convictions in the commonwealth. 

If it is approved by the “Governor’s Council,” Healey’s office said it “would be the most comprehensive action by a governor since President Joe Biden pardoned federal marijuana possession convictions and called on governors to take similar actions in their states,” and “could impact hundreds of thousands of people.”

Per the official state website, the Massachhuestts Governor’s Council is “composed of eight individuals elected from districts, and the Lieutenant Governor who serves ex officio,” and it “provides advice and consent on gubernatorial appointments, pardons and commutations, and warrants for the state treasury.”

The governor’s office said that, if approved, the pardon “will apply to all eligible convictions, and most people will not need to take any action to have their criminal records updated,” as well as “to all adult Massachusetts state court misdemeanor convictions before March 13, 2024 for possession of marijuana (sometimes referred to as possession of a “Class D substance”).”

“Nobody should face barriers to getting a job, housing or an education because of an old misdemeanor marijuana conviction that they would not be charged for today,” Healey, a Democrat who is serving her first term after being elected in 2022, said in a statement on Tuesday. “We’re taking this nation-leading action as part of our commitment to using the clemency process to advance fairness and equity in our criminal justice system. We’re grateful for President Biden’s leadership on this at the federal level and proud to answer his call to take action in the states.” 

Other top state officials in Massachusetts, including Lieutenant Governor Kim Driscoll, hailed the announcement of the pardon.

“Marijuana laws have significantly changed over the past decade, and it’s essential that our criminal justice system adjusts with them. Governor Healey’s proposed pardon represents an important step toward righting historic wrongs, particularly around our country’s misguided War on Drugs,” said Driscoll. “We thank the Governor’s Council for their careful consideration of this recommendation and look forward to continuing our progress to make Massachusetts a more fair and equitable home for all.” 

Massachusetts Attorney General Andrea Joy Campbell applauded the “Healey-Driscoll administration’s efforts to rectify historic racial disparities, including with this proposed pardon, and President Biden’s leadership at the federal level on the same issue.”

“Convictions for simple marijuana possession – which someone could not be charged with today – have led to the disproportionate incarceration of Black and brown people and made it nearly impossible for them to obtain a job, housing, educational opportunities and more. As the AG’s Office also works to address injustice and close the racial wealth gap, this proposed pardon meaningfully moves the Commonwealth in the right direction,” the attorney general said.

Democratic House Speaker Ronald J. Mariano, meanwhile, said the “decision from Governor Healey to pardon certain marijuana convictions is the right one, as it is another step towards rectifying decades of injustices stemming from the criminalization of cannabis.”

“This announcement is consistent with the Legislature’s intent during the passage of the 2018 criminal justice reform law, which was updated in 2022 when the Legislature passed further cannabis reforms, that allowed residents to seek expungements for convictions that are no longer crimes following voter-approved reforms,” Mariano said. 

As the statements from Healey and other officials referenced, the pardon takes a cue from President Biden, who in the fall of 2022 issued a pardon to thousands of Americans who were convicted of violating federal cannabis laws.

“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden said in a statement then. “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.”

At the time, the president also urged governors to take their own action to clear the records of such individuals at the state level.

“In October 2022, President Biden issued a presidential proclamation that pardoned many federal and D.C. offenses for simple marijuana possession offenses. In December 2023, the President expanded that pardon to include more offenses He also issued a call to Governors to take action to pardon marijuana convictions in their states and, in the State of the Union last week, the President directed his Cabinet to review the federal classification of marijuana,” Healey’s office explained. “Governor Healey has already taken historic action on pardons. She became the first Massachusetts Governor in decades to recommend pardons in her first year in office. She has pardoned a total of 13 people to date. She also issued new clemency guidelines to center fairness and equity in the criminal justice system.”

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Tension is building in a small Texas city between police, advocates, and elected officials. In Denton, Texas, police—sworn to protect and serve—are allegedly ignoring the will of the people, continuing citations and arrests despite a cannabis decriminalization measure that was approved last year.

NBC DFW reports that a “battle is brewing” in the city over who controls the way cannabis laws are enforced. 

According to a special presentation with a three-month report by Denton City Manager Sara Hensley at a City Council session on Tuesday, police in the city aren’t abiding by the voter-approved decriminalization measure passed last November, and are citing and arresting people for low-level cannabis possession anyways. She also provided an explanation.

During the Midterm elections on Nov. 5, 2022, voters in Denton approved Proposition B with over 70% of the vote to decriminalize possession of four ounces or less of cannabis, with some exceptions. It also bans police from using the smell test for probable cause and restricts city money from being used on THC drug testing. Proposition B became effective Nov. 22, once canvassing the election was completed. 

According to the City Manager, the City of Denton Police Department are acting as though the proposition never passed and are still arresting and citing people for low-level cannabis possession. Hensley explained that state and federal laws supersede city law, and that the police are sworn in by the state.

Denton City Councilmembers Vicki Byrd and Brandon Chase McGee asked why the law isn’t being observed. Councilmember Byrd asked, “Can you explain to the people at home how someone nobody elected such as yourself, is empowered to create public policy even after 32,000 voters provided a directive otherwise?” Mayor Pro Tem Brian Beck also chimed in, asking similar questions.

The City Manager responded by saying that the police are sworn in to the state and therefore the city law cannot override Texas law.

Considering the work that Decriminalize Denton put into getting Proposition B on the ballot and spreading awareness is like a slap in the face for cannabis advocates in the area.

“By continuing to cite and arrest for misdemeanor-quantity cannabis and paraphernalia possession after an overwhelming majority of Denton voters passed an ordinance banning the practice, Denton’s Police Department and City Management are staging an authoritarian insurrection against the voters and taxpayers who pay their salaries,” Deb Armintor, a representative of Decriminalize Denton told High Times in an statement.

“These publicly funded insurrectionists are joined by disgraced councilmembers Jesse Davis, Chris Watts, and Mayor Gerard Hudspeth, who have chosen to support these power-abusing bureaucrats instead of the people they’re elected to serve.

“It would mean the world to us here in Denton if our allies nationwide took a moment to email these councilors and bureaucrats to let them know the world is watching and they’re on the wrong side of History.”

The Denton Police Department provided a statement when Proposition B was implemented last November.

“As a forward-thinking agency, marijuana possession alone has not been a priority for the Denton Police Department for several years,” said Denton Police Chief Doug Shoemaker. “This will continue to be the case. With that said, officers must maintain discretion to be able to keep our community safe from harm. When marijuana possession pairs with other crimes that affect public safety, including offenses such as driving while intoxicated or firearms violations, such acts cannot and will not be ignored.”

But the Denton Police Department added this to the press release:

“The Police Department will continue to assess aspects of this ordinance, as passed by voters, to determine what may be implemented in accordance with both the current law as well as the voices of the population we serve.”

Between June 2021 and July 2022, of the 65 arrests that the Denton Police Department made for cannabis possession under four ounces. But keep in mind that 15 of these charges accompanied other charges unrelated to cannabis, and weapons were involved in 31.

Denton joined San Marcos, Killeen, Elgin and Harker Heights in Texas, to overwhelmingly approve local ballot propositions to decriminalize low-level possession, after Austin decriminalized cannabis earlier. In other cities, there doesn’t appear to be a problem implementing those measures.

How police continue to enforce laws in the city remains up for debate.

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Former Charlotte Hornets forward Montrezl Harrell pleaded guilty to a single count of misdemeanor marijuana possession on Wednesday, avoiding felony charges in the case that began with a traffic stop in Kentucky. Under the terms of the plea deal, Harrell was given a 30-day conditional jail term, probated for 12 months. If he completes his year-long probation without further legal trouble, he will not have to spend the 30-day sentence behind bars, Yahoo Sports writer and NBA analyst Chris Haynes revealed in a tweet on Wednesday.

Harrell became an NBA free agent earlier this year after finishing the 2021-2022 basketball season with the Charlotte Hornets. With the fate of the Kentucky marijuana charge now settled, he becomes a prospect of interest for several teams in the league, which were less likely to sign the veteran player while he was in legal peril.

Harrell Arrested in Kentucky in May

Harrell was pulled over by a state trooper for following too closely behind the vehicle in front of him on the morning of May 12 while he was driving a rented 2020 Honda Pilot southbound on I-75. In a police report cited by the Charlotte Observer, Trooper Jesse Owens wrote that after stopping Harrell’s vehicle in Madison County, Kentucky, he “observed” the odor of marijuana.

The citation also alleged that Harrell “admitted to being in possession of marijuana and produced a small amount from his sweatpants.” Law enforcement officers then searched the vehicle Harrell was driving. During the search, the trooper discovered “three pounds of marijuana in vacuum sealed bags” in a backpack that was found on the back seat of the vehicle, according to the traffic citation.

Harrell was originally charged with trafficking less than five pounds of marijuana. Under Kentucky state law, possession of more than eight ounces but less than five pounds of marijuana is classified as a Class D felony for the first offense. Those convicted of the charge are subject to a sentence of one to five years behind bars and a fine ranging from $1,000 to $10,000. A judge in Richmond, Kentucky approved amended charges in the case on Wednesday, resulting in Harrell’s guilty plea to misdemeanor marijuana possession and the suspended sentence and probation.

8-Year NBA Veteran

Harrell, a native of North Carolina, played eight seasons with the NBA, becoming a free agent at the end of last season. He played NCAA Division 1 college basketball for the University of Louisville Cardinals in Kentucky, where he averaged 11.6 points, 6.9 rebounds and 1.1 blocked shots per game. As a freshman, he played on the Cardinals’ 2013 national championship team, although the NCAA later stripped the title from the team title for violations of league rules.

Harrell was chosen by the Houston Rockets in the second round of the 2015 NBA draft, the league’s 32nd pick overall that year. On September 19, 2015, he signed a three-year contract with the Rockets and made his NBA debut with the team in the opening game of the season against the Denver Nuggets, scoring eight points and pulling down three rebounds. During his rookie season, he was assigned to the Rockets D-league affiliate the Rio Valley Grande Vipers several times.

In June 2017, the Los Angeles Clippers traded Chris Paul to the Rockets, acquiring Harrell, Patrick Beverley, Sam Dekker, Darrun Hilliard, DeAndre Liggins, Lou Williams, Kyle Wiltjer and a 2018 Houston first-round draft pick in the transaction. In September 2020, Harrell was named the NBA Sixth Man of the Year, an award given by the league for the season’s best bench player. That season, the Clippers went to the playoffs, losing in seven games against the Nuggets. Harrell averaged 10.5 points and 2.9 rebounds per game in the playoffs which saw the Nuggets advance after starting the series down three games to one.

Harrell signed with the Los Angeles Lakers on November 22, 2020, making his debut with the team the following month and logging 17 points, 10 rebounds and three assists against the Los Angeles Clippers, his former team and Lakers’ crosstown rival. In August 2021, Harrell was traded to the Washington Wizards as part of a deal for point guard Russell Westbrook. In February 2022, he was traded to the Charlotte Hornets, scoring 15 points and six rebounds in his team debut on February 11. He became a free agent at the end of the 2021-2022 season.

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City leaders in Green Bay, Wisconsin on Tuesday passed an ordinance to reform the city’s penalties for cannabis possession and consumption. Under the proposal approved by the Green Bay City Council, the fine for possession of small amounts of cannabis will be dropped to $0, although those who receive a citation will still be responsible for paying court costs.

Prior to Tuesday’s vote by the city council, fines for marijuana possession in Green Bay were set at a maximum of $500 plus court costs. Under the new ordinance, adults caught possessing 28 grams or less of cannabis in a private or public space will be subject to a fine of $0, with court costs for the citation amounting to about $61. The measure defines a private space as “an area to which the public at large is not invited or permitted, or an area otherwise not accessible by the public, such as a private residence.”

Persons who are cited for consuming marijuana in a private space will also be subject to a fine of $0. Those caught using cannabis in a public area, however, will still face a fine of up to $500, as will those found to be possessing more than 28 grams of cannabis. The ordinance passed on Tuesday also brings penalties for possession of drug paraphernalia in line with the sanctions for marijuana possession. Offenders can also be sentenced to community service in lieu of fines for most offenses.

Green Bay’s new penalties for cannabis possession and consumption are similar to cannabis policy reforms taken by other local governments in Wisconsin. In Eau Claire and Milwaukee County, the fine for possession of small amounts of marijuana is only $1. In Madison, simple possession cases are not prosecuted except in cases where certain extenuating circumstances exist.

Penalties for Minors Also Amended

The ordinance passed by the Green Bay City Council this week also amends the law concerning underage possession of cannabis, bringing the penalties for such offenses in line with the punishment for alcohol possession by minors. Under the new policy, first offenses for underage possession of cannabis will carry a fine between $100 and $200 plus court costs. Subsequent offenses within one year’s time of the original will result in stiffer penalties.

Unlike Wisconsin state law governing alcohol, however, minors will not be permitted to use cannabis with their parents under Green Bay’s new ordinance. The city council approved an amendment proposed by City Council Member Bill Galvin, who noted that teenagers are currently permitted to drink alcohol with their parents.

“I want to make sure that we’re not saying kids can smoke dope with their parents,” Galvin said.

Cannabis reform advocates applauded the Green Bay City Council for their move to reduce penalties for cannabis offenses. Jay Selthofner with the Wisconsin Cannabis Activist Network said that he hopes the new ordinance will help further the conversation on cannabis reform.

“It’s very important that the local community members, the residents, constituents of Green Bay, reach out to these council members, thank them for the move that they’ve done, and push them to do more or continue with that cannabis conversation,” Selthofner said.

The new reforms may not result in fewer citations, however. Lt. Steve Mahoney of the Green Bay Police Department Community Police Division said that police officers will continue to determine when to issue tickets for cannabis possession or consumption.

“Our job as police officers is to enforce the law; our city council created the law and the ordinance, so in terms of our officers’ thought process, it’s going to remain the same,” Mahoney told local media. “We want them to have their discretion; if they believe the citation or ticket is warranted, by all means, issue it. And if they don’t then they won’t issue it.” 

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