Maryland’s Cannabis Pardons and the Future of the Drug War
By: Oliver Alferness
Two weeks ago, Maryland Governor Wes Moore pardoned over 175,000 cannabis-related convictions in the largest state-level pardon in US history. These pardons, which coincide with Juneteenth, highlight the disproportionate impact of these convictions on Black and brown people in Maryland. And as we prepare for July 4th, the pardons further celebrate freedom. This executive order continues the recent pattern of state-level mass pardons and expungements for cannabis-related offenses and follows Biden’s 2022 pardon of federal cannabis offenses, in which he urged states to do the same. Approximately 100,000 people are expected to be pardoned.
Despite being only 29 percent of its overall population, Black people in Maryland make up 71 percent of its prison population and are incarcerated at a rate 5.3 times higher than white people. Specifically, Black people were twice as likely as white people to be charged with cannabis possession, despite their lower rates of use. Governor Moore acknowledged this with his executive order, pointing out how convictions had contributed to the state’s eight-to-one racial wealth gap. In a state with such massive disparities in policing and incarceration, this executive order marks a shift that can both directly reduce the ways in which involvement with the criminal legal system exacerbates systemic racism and pave the way for more initiatives to dismantle deeply-entrenched structures of mass incarceration.
The impact is significant even for those who were never incarcerated. Arrests and convictions carry collateral consequences which can prevent people from accessing employment, housing, education, and more, further contributing to Maryland’s racial wealth disparities. So while none of the pardons will result in releases, they simultaneously forgive past convictions in a move with the potential to open up previously restricted opportunities and serve as a symbol in the effort to repair harm and reduce mass incarceration.
Forgiving these offenses has been a significant first step, but it has also been criticized for not going far enough. Indeed, background checks will still show that those pardoned had once been convicted of a crime. Because just a prior arrest (regardless of conviction) can decrease the likelihood of receiving a call for a job interview, it is uncertain whether the executive order can significantly reduce the lingering legacy of these arrests and convictions.
If the convictions were expunged instead of pardoned, individuals would have them removed from their records as if the arrests and convictions had never happened. Expungement would increase the opportunities available to those who have been convicted of cannabis-related offenses. However, logistical and political barriers have meant that so far, expungement for cannabis-related offenses is only available in Maryland via application. These applications are both time- and resource-intensive.
Cannabis has a complicated history of legality in Maryland, and has undergone periods of criminalization, decriminalization, and, most recently, recreational legalization. While cannabis was once the cornerstone of Maryland’s drug war, making up nearly half of its drug arrests, public opinion has shifted dramatically, with a significant majority supporting legalization in 2022. The liberalization of cannabis has helped repair the communities most affected by its prohibition: 35 percent of the tax revenue from cannabis sales must go to initiatives that benefit communities where cannabis enforcement was disproportionately high through mental health and substance abuse programs, education, and housing.
Amidst what seems to be a disheartening regression to tough-on-crime policies throughout the US in recent years, Governor Moore’s mass pardon offers a promising alternative vision of the future in a state hugely impacted by mass incarceration. Following in the footsteps of other state and federal efforts, this mass pardon will help repair past harm caused by the war on drugs and should be a beacon for states and localities considering similar practices. It is neither the end of criminal legal reform nor a full solution to the legacy of cannabis prohibition in Maryland, though, and we must not see it that way. Rather, it is one step in the journey toward a more equitable future.
Oliver Alferness is a Junior at The Nueva School
