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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Vice President Kamala Harris is hosting a White House meeting to discuss drug policy reform that will feature guests including hip hop artist Fat Joe and others who have benefitted from the cannabis pardons granted by the Biden administration. The Friday meeting will also include Kentucky Governor Andy Beshear, a leading proponent of cannabis legalization in his state, and other advocates for ending the criminal prohibition of marijuana. 

In October 2022, President Joseph Biden issued an executive order pardoning thousands of people with federal convictions for marijuana possession, saying, “No one should be in jail just for using or possessing marijuana.” In December 2023, the president went further by expanding the pool of people eligible for a pardon for marijuana convictions under federal or Washington, D.C. law. 

“President Biden and I have been clear: We must continue to change our nation’s approach to marijuana and reform the criminal justice system,” the vice president said in a statement in December. As I have declared many times before, no one should be in prison simply for smoking weed. That is why we continue to call on Governors to join us in this long-overdue work.”

White House Meeting Features Pot Policy Reform Advocates

Friday’s meeting at the West Wing of the White House to discuss the Biden administration’s cannabis policy reforms will include guests such as Beshear and five-time Grammy award nominee Fat Joe, who is one of thousands of people to be pardoned by the president. 

“Friday’s engagement will build on the Vice President’s efforts to uplift the historic actions the Biden-Harris Administration has taken to ensure everyone has access to opportunity, including by making the criminal justice system more just. This will continue in the weeks and months to come,” a White House official said, according to a report from NBC News.

Another pardon recipient, cannabis activist Chris Goldstein, a regional coordinator with the National Organization for the Reform of Marijuana Laws (NORML), will also attend. In 2014, he was convicted of a federal marijuana possession charge for smoking marijuana during a protest in an outdoor area of Independence Hall National Historic Park in Philadelphia. 

“These Presidential pardons are a powerful and meaningful action,” Goldstein said in a statement from NORML. “They carry a tremendous power of goodwill — not just to those of us who received them, but for the entire country. These pardons are seen by people everywhere as tangible signs of the White House taking action on marijuana policy.”

Goldstein said that he plans to use the time with Harris at Friday’s meeting to bring further awareness to the presidential pardon process. He also hopes to stress the need for further federal action on cannabis reform, including the descheduling of marijuana under the Controlled Substances Act.

“Three of us will discuss the real-world impact of our federal marijuana convictions and the relief provided by these Presidential pardons,” said Goldstein. “Thousands of people are still eligible, and this event should help raise awareness for more people to apply.”

“We will help represent tens of millions of Americans who have been arrested for marijuana in nearly a century of prohibition,” he added.

Reform Advocates Call For More Than Words

The news of this week’s White House roundtable discussion on cannabis policy reform was welcomed by justice advocates and members of the cannabis industry. Sarah Gersten, executive director and general counsel at the Last Prisoner Project, a nonprofit working to secure the release of all cannabis prisoners, said that she hopes the meeting results in action from the president.

“Clearly, the administration understands that taking action to repair the harms of cannabis criminalization will help energize voters who overwhelmingly believe marijuana should be legal,” Gersten said in a statement on Wednesday. “But the general public also believes no one should be incarcerated for cannabis, and Biden has failed to keep that campaign promise. Biden could free the over 3,000 federal cannabis prisoners with the stroke of a pen. If he truly wants to tout his actions on cannabis reform, bolder action needs to be taken.”

Jeffrey M. Zucker, co-founder and president of Denver-based cannabis consultants firm Green Lion Partners, also called for the Biden administration to make meaningful progress on federal cannabis reform.

“From this meeting, I hope to see a shift toward comprehensive drug law reform that acknowledges the disproportionate impact of current policies on communities of color,” Zucker said in a statement to High Times. “Reforms prioritizing social justice, harm reduction and economic empowerment would reflect genuine progress.”

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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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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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On Dec. 22, President Joe Biden announced that he will be expanding his pardon initiative to include offenses that occurred on federal properties.

“America was founded on the principle of equal justice under law. Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect this core value that makes our communities safer and stronger,” Biden said in his statement. “That is why today I am announcing additional steps I am taking to make the promise of equal justice a reality.”

This includes two actions: First, that Biden will commute the sentences of 11 people serving time for non-violent drug offenses. Second, Biden issued a proclamation that will pardon simple possession and cannabis consumption under federal and D.C. law. “Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” his statement continued. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”

While Biden has received many letters from state governors petitioning him to reschedule cannabis, he included a short statement asking governors to issue similar acts of clemency.

As Biden concluded, he also made promises to continue these clemency actions to free more people from unjust cannabis sentences in the future. “I have exercised my clemency power more than any recent predecessor has at this point in their presidency,” Biden said. “And while today’s announcement marks important progress, my Administration will continue to review clemency petitions and deliver reforms that advance equal justice, address racial disparities, strengthen public safety, and enhance the wellbeing of all Americans.”

Biden’s first pardons as president were in April 2022 during “Second Chance Month,” which include the pardons of three people, including Betty Jo Bogans, Abraham W. Bolden Sr., and Dexter Eugene Jackson, commuted sentences for 75 people.

In October 2022, Biden made a historic announcement to pardon people with federal cannabis offenses. He said he would pardon those with simple cannabis possession, but also call on state governors to do the same, while also asking the Department of Health and Human Services and Attorney General to begin reviewing cannabis’ current schedule. Later that year in December 2022, he pardoned six more people, including Gary Parks Davis, Edward Lincoln De Coito III, Vincente Ray Flores, Beverly Ann Ibn-Tamas, Charlie Byrnes, and John Dix Nock III.

NORML Executive Director Erik Altieri told High Times that at the time, Biden’s actions were long overdue. “For nearly two years, NORML has called upon the Administration to fulfill the President’s campaign promise to provide relief to those stigmatized with a low-level cannabis conviction,” Altieri said. “We are pleased that today President Biden is following through on this pledge and that he is also encouraging governors to take similar steps to ensure that the tens of millions of Americans with state-level convictions for past marijuana crimes can finally move forward with their lives.”

In August, the U.S. Department of Health and Human Services officially called upon the DEA to reclassify cannabis from a Schedule I drug to Schedule III following review. “Following the data and science, HHS has expeditiously responded to President Biden’s directive to HHS Secretary [Xavier Becerra] and provided its scheduling recommendation for marijuana to the DEA on August 29, 2023,” the letter to the DEA stated.

The DEA has a five-factor test to reconsider a drug for rescheduling, and previously cannabis has failed with passing only four of the five points. The five points include: “1.) The drug’s chemistry must be known and reproducible, 2.) There must be adequate safety studies, 3.) There must be adequate and well-controlled studies proving efficacy, 4.) The drug must be accepted by qualified experts, and 5.) The scientific evidence must be widely available.”

NORML was the first organization to file a petition to reschedule cannabis back in 1972. More than 10 years later in 1988, a DEA judge determined that cannabis didn’t meet the criteria for rescheduling. Later in 1990, a different judge set aside the ruling, but eventually in 1994, the original 1988 ruling was chosen in the decision. Later in 1995, NORML filed another rescheduling petition, which was denied in 2001. In 2002, another petition was filed, and the DEA denied it in 2011. That same year, a petition was filed by the governors of Rhode Island and Washington state, which was once again denied in 2016. 

With a history of petition denial, NORML Deputy Director Paul Armentano recently spoke about the possibility of the DEA’s review outcome being different than previous attempts at rescheduling. “It will be very interesting to see how DEA responds to this recommendation, given the agency’s historic opposition to any potential change in cannabis’ categorization under federal law,” said Armentano. “Further, for decades, the agency has utilized its own five-factor criteria for assessing cannabis’ placement in the CSA—criteria that as recently as 2016, the agency claimed that cannabis failed to meet. Since the agency has final say over any rescheduling decision, it is safe to say that this process still remains far from over.”

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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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On the heels of his state’s landmark new law that legalizes psychedelic drugs, the governor of Colorado wants to go even further. 

Jared Polis, the Democrat who was elected to his second term as the state’s governor last year, said Wednesday that he wants Colorado lawmakers to empower him with the ability to issue pardons to individuals who have been busted for crimes related to psychedelics such as psilocybin mushrooms. 

“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, which is being held in Denver this week, as quoted by Axios.

“It is still ridiculous that in this day and age somebody suffering from anxiety, depression, PTSD can get medical coverage for very costly prescription drugs but cannot get coverage for a treatment in a healing center that will address some of the underlying causes of the issue,” the governor added.

Polis’s comments come less than a month after he signed a bill that will establish a regulatory framework for psychedelic drugs. The bill was the byproduct of last year’s voter-passed initiative, Proposition 122, and it will officially take effect on July 1.

The measure “legalized therapeutic psilocybin and decriminalized the personal cultivation, use and sharing of psilocybin mushrooms and three other natural psychedelics (DMT, ibogaine and mescaline that is not from peyote),” according to the local outlet Westworld.

“While licensed psilocybin therapy centers could open by late 2024, Prop 122 did not allow for the establishment of retail operations, only healing centers, so there won’t be mushroom stores popping up like the hundreds of cannabis dispensaries currently in Colorado,” Westworld reported last month.

Westworld, reporting this week at the Psychedelic Science conference, noted that Polis [who] “never publicly supported Prop 122 but has praised it since the measure passed, told the crowd that he has ‘no personal connection’ to psychedelic medicine,” but his support of psychedelic use is “values based” and about “body autonomy.”

“We are facing very difficult challenges in mental and behavioral health and are very excited about the opportunities,” Polis said, as quoted by Westworld. “In many of these areas, including cannabis, the people of our state, and not the politicians, led the way.”

The governor said at the conference that he envisions a significant expansion of the state’s psychedelic laws, including changes that would enable psychedelic therapy to be covered by insurance in Colorado.

“Yes, that’s right. People will no longer need to go to Mexico or Colombia. They can come right here to Colorado,” Polis said, as quoted by Westworld.

“Once it’s federally scheduled to be a pharmaceutical, it will immediately be rescheduled in Colorado,” the governor added. “We want people to say…Colorado got this right. Look, I’m sure we’ll get a few things wrong, but we can learn from them and build upon them.”

After a majority of Colorado voters approved Prop 122 in November, parts of the initiative took effect in December of last year. 

“Coloradans voted last November and participated in our democracy,” Polis said at the time. “Officially validating the results of the citizen and referred initiatives is the next formal step in our work to follow the will of the voters and implement these voter-approved measures.”

About 53% of voters in Colorado approved Proposition 122 in last year’s election.

Following Polis’s certification of the measure in December, psychedelics were officially decriminalized in Colorado. 

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Wisconsin Republicans killed more than 500 proposals from Gov. Tony Evers (D) on Tuesday, including a proposal to legalize cannabis, among others that would pay for Milwaukee Brewers’ stadium renovations, create a paid family leave program and more, AP News reports.

Evers called the move “foolish.” He had proposed using the state’s record-high $7 billion budget surplus to fund a number of state spending priorities, which Wisconsin Republican leaders ultimately rejected. Members voted 12-4 to eliminate Evers’s provisions in the budget request.

“With a historic $7 billion surplus, we have a historic responsibility and opportunity to invest in needs that have long been neglected and build the future we want for our state,” Evers said on Twitter, before listing a number of the 540 priorities that were rejected in a thread. 

“These aren’t fringe ideas, controversial concepts, or Republican or Democratic priorities—they’re about doing the right thing. With a historic surplus comes historic responsibility, and today, when we can afford to do more, this vote is foolish and a wasted opportunity,” he added.

It’s not necessarily a shocking move, in regard to cannabis at least, since the Republican-controlled legislature has previously removed cannabis reform language from past budget proposals. Republican lawmakers in Wisconsin also previously warned that they would not allow an adult-use cannabis legalization proposal to progress.

The cannabis plan would have allowed adults over the age of 21 to purchase and possess up to two ounces of cannabis for personal use and grow up to six plants. The Department of Revenue would have been responsible for regulating the new cannabis market and issuing business licenses to prospective professionals in the cannabis space.

Evers’s office also estimated that the state would generate $44.4 million in “segregated tax revenue” from legal cannabis and a $10.2 million increase in state general fund tax revenue in fiscal year 2025, if the reform were to be enacted. 

The governor is already known for his continuous pardons, mostly involving low-level offenses and including cannabis offenses. As of April 2023, Evers has hit 933 pardons in just over four years in office.

“It is one of the most rewarding parts of my job as governor to have the opportunity to grant a fresh start to folks who’ve made efforts to learn and grow from their past mistakes,” Evers said. 

The onslaught of rejected proposals may be a case of déjà vu for Evers as well, as the governor also included recreational and medical cannabis legalization in his 2021 budget and decriminalization and medical cannabis in his 2019 proposal. The reforms were all blocked by the Republican legislature.

Last month, Assembly Speaker Robin Vos told the Associated Press that Republican lawmakers in the state were working to privately build support for a medical cannabis program aimed to gain bipartisan support, potentially to be enacted into law later this year. Vos also voiced that he is opposed to legalizing recreational cannabis and does not want to create a medical program to act as a precursor to the adult-use market.

However, it looks like Wisconsin voters are already setting their sights on broader horizons. An August 2022 Marquette Law School poll of 811 voters in the state showed bipartisan support for legal cannabis, with 51% of Republicans, 75% of independents and 81% of Democrats backing legalization. A total of 69% registered voters believed cannabis should be legal.

Additionally, continuing to stall on cannabis legalization is likely taking away potential state revenue. A report published earlier this year found that 50% of Wisconsinites 21 and older live within 75 minutes of an out-of-state cannabis retailer, likely to increase as Minnesota inches closer to legalization.

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The time is now to expedite the process and get proof of pardon for low-level federal cannabis convictions that no longer stand today yet still haunt individuals, sometimes decades later. According to a March 3 announcement, the U.S. Department of Justice is launching the application to make the process easier for people with low-level federal cannabis convictions. 

For people who are interested, you’ll need to gather personal details like name, mailing address, email address, and citizenship status. You’ll also need to know the docket or case number and the code section that was charged, and provide copies of documentation, such as charging documents (indictment, complaint, or criminal information) or conviction documents. It’s also important to know the exact date the sentence was imposed.

Pardons for low-level cannabis convictions were promised by President Joe Biden last October.

“Today, the Justice Department is launching an application for eligible individuals to receive certificate of proof that they were pardoned under the Oct. 6, 2022, proclamation by President Biden,” the department wrote on March 3. 

“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 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.”

The Application for Certificate of Pardon will be available on the Office of the Pardon Attorney’s website. People with eligible cases may submit documentation to the Office of the Pardon Attorney and receive a certificate indicating the person was pardoned on Oct. 6, 2022, for simple possession of cannabis.

The President’s pardon can assist pardoned cases by removing civil or legal penalties such as restrictions on the right to vote, to hold office, or to sit on a jury.

The process makes getting proof of pardon quite a bit easier for people seeking to obtain licenses, bonds, or employment. President Biden said last October that the point of pardoning low-level cannabis convictions is to “help relieve the consequences arising from these convictions.” 

In order to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of cannabis in either a federal court or D.C. Superior Court, and the applicant must have legally resided the United States at the time of the offense. In addition, an individual must have been a U.S. citizen or lawful permanent resident on Oct. 6, 2022.

Those who were convicted of state-level cannabis offenses do not qualify for the pardon.

In a historic move on October 6, 2022, Biden announced that he will pardon people with federal convictions for simple possession of cannabis, and announced that he will direct the U.S. Attorney General Merrick B. Garland and Secretary of the Department of Health and Human Services Xavier Becerra to begin the process of reviewing the classification of cannabis at the federal level.

The White House statement noted that under current federal law, cannabis falls under Schedule I alongside deadly drugs like fentanyl. The White House will  “review expeditiously” the plant’s current classification.

“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. Allow me to lay them out.”

For more information about determining eligibility and to find answers to frequently asked questions, visit Presidential Proclamation on Marijuana Possession.

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