Maryland Marijuana Pardons: Impact On Employers & Job Candidates

Governor Wes Moore of Maryland has issued an executive order pardoning 175,000 convictions related to cannabis possession, the largest such action by any state in the U.S. This landmark decision affects those with misdemeanor cannabis possession and certain drug paraphernalia convictions. Employers conducting criminal background checks should be aware of this significant change, along with ongoing federal efforts and variations in state laws concerning cannabis offense pardons. Once pardons are processed, job candidates with marijuana-related criminal offenses are encouraged to review the status of their case with the Maryland Judiciary.

Maryland’s Executive Order

Governor Moore’s order, signed on June 17, 2024, includes pardons meeting the following eligibility criteria:

• Convictions for misdemeanor possession of cannabis or misdemeanor use or possession with intent to use drug paraphernalia;
• Convictions for misdemeanor use or possession with intent to use drug paraphernalia were in cases associated with misdemeanor cannabis possession, and no other charges were incurred;
• Related disposition of guilty or probation before judgment;
• Charges that occurred before January 1, 2023, when possession of personal use amount of cannabis was decriminalized.

This executive action follows Maryland’s 2022 constitutional amendment that legalized adult use and possession of cannabis, approved by popular vote. The pardons aim to remove barriers to housing, employment, and education for those previously convicted of now-legal activities.

Federal Efforts to Address Cannabis-Related Convictions

Maryland’s efforts align with those of the Biden administration, which has also taken steps to provide relief for those with cannabis-related criminal histories. President Biden has issued proclamations pardoning all prior federal offenses of simple possession of marijuana and urged state governors to follow suit. Maryland’s recent executive order is supportive of federal action, reflecting a growing national trend toward rectifying the consequences of cannabis criminalization.

State and Local Pardons

Several states and municipalities have taken significant actions to pardon marijuana offenses, as highlighted by the National Organization for the Reform of Marijuana Laws (NORML):

• Nevada: In June 2018, efforts commenced to issue blanket pardons to an estimated 15,000 people previously convicted of offenses involving the possession of up to one ounce of cannabis.
• Washington: In January 2019, pardons were granted to an estimated 3,500 people with past criminal misdemeanor marijuana-related convictions.
• Illinois: In December 2019, 11,017 pardons were issued to those with low-level marijuana convictions.
• Kansas City: In January 2020, approximately 8,000 city residents with minor marijuana convictions were pardoned.
• Colorado: In January 2022, more than 1,300 pardons were granted to those previously convicted for activities involving the possession of up to two ounces of marijuana.
• Birmingham, Alabama: Beginning in April 2022, more than 23,000 city residents with low-level marijuana convictions have been pardoned.
• Pennsylvania: In October 2022, the Board of Pardons began accepting applications from those seeking to have their marijuana possession convictions expunged.
• Oregon: In November 2022, the convictions of over 45,000 Oregonians with low-level cannabis convictions became eligible for pardon.
• Wisconsin: As of November 2023, over 1,100 marijuana-specific pardons have been issued.
• Massachusetts: On March 14, 2024, blanket pardons for anyone convicted of a marijuana misdemeanor in the state were announced.

Implications for Employers and Job Candidates

Employers should note several key implications. First, understand the difference between pardons versus expungements. A pardon does not erase a conviction from an individual’s record; it indicates forgiveness. An expungement removes a conviction from a court’s public index. Consequently, the pardoned conviction will still appear in background checks, where legally reportable, though identified as pardoned. Employers may need to adjust their policies accordingly.

Second, the impact on hiring practices should be carefully considered. With these pardons, employers must evaluate how they weigh pardoned convictions in hiring decisions, particularly since the underlying actions are no longer illegal.

Lastly, the eligibility and record updates are significant for employers and job seekers alike. The 175,000 pardons in Maryland cover convictions before January 1, 2023. The Maryland Judiciary intends to update electronic dockets within approximately two weeks from the signing date. Records for individuals with cannabis-related offenses eligible for a pardon will be updated automatically. Individuals do not need to take action but can verify their inclusion for a pardon online or at courthouse kiosks.

Parting Thoughts

Governor Moore’s executive order, the Biden administration’s federal efforts, and various state and local actions represent significant strides toward more equitable justice for cannabis-related offenses. Employers should proactively review and update their background check policies to reflect these pardoned convictions. Furthermore, it is crucial for employers to consider the implications of these pardons in their hiring processes and to educate relevant staff about the differences between pardons and expungements. For employers and job seekers with cannabis-related convictions eligible for pardon, staying informed about these developments is crucial for navigating the hiring process and ensuring fair treatment under evolving legal standards.