In 2023, Maryland legalized the possession and use of small amounts of cannabis for individuals over 21. Now, a year later, Governor Wes Moore signed an executive order pardoning misdemeanor cannabis-related convictions in the state.
The executive order mirrors recent laws in other states and represents a growing trend in cannabis decriminalization and in creating equal opportunities for employees with past cannabis-use convictions. Below is a timeline of the key events leading to the 2024 pardoning.
The “Cannabis Pardon Order” specifically addresses two charges: "simple possession” and “possession of drug paraphernalia.” In other words, misdemeanors in which the offender was convicted of possessing a small amount of cannabis or related drug paraphernalia with no indication of intent to distribute would qualify for a pardon in most scenarios. These pardons apply to qualifying convictions that occurred before January 1, 2023, falling under the current span of possession and use legalized in 2023.
Governor Moore also instructed the Department of Public Safety and Correctional Services to develop a streamlined process for criminal background checks. This addition ensures that a person's record will indicate pardons for affected convictions. However, the administration estimates that implementing the new system could take about ten months.
It is also important to note that pardons issued under the Cannabis Pardon Order will not entirely erase or expunge most of an individual's convictions from their criminal record, in contrast with other states that have enacted automatic expungement laws where recent rulings resulted in complete removal. Instead, the sentence will still appear, annotated with a note about the pardon. For complete expungement, most individuals must apply through the courts, which will provide the final step toward clearing their records.
To learn more, take a closer look at the full text of the law here.
The pardon of these convictions opens new opportunities for potential employees previously hindered by their records. Additionally, it highlights the evolving legal landscape surrounding cannabis use and possession.
Maryland's recent pardons are not an isolated event but part of a broader movement toward cannabis reform. Multiple states have already pardoned records or expunged non-violent crimes related to cannabis use, and Maryland’s recent decision may encourage more states to take action, as well. The executive order could also influence future employment regulations for those hiring in Maryland and employers hiring remote employees who live in Maryland. Additionally, there may be a delay in accessing some court records in Maryland.
With an uptrend in laws to protect employee cannabis use and pardon or expunge related convictions, employers should regularly monitor the development of cannabis-related laws and regulations across the United States. Verified Credentials will do its best to provide updates on the development of related laws as the employment landscape evolves.
Please note that this article does not provide legal advice and is intended for informational purposes only. Always consult a qualified legal professional before making any decisions about the topics discussed.