Marijuana Expungement Laws

Democratic Gov. Wes Moore signed an executive order today pardoning over 175,000 Maryland residents with misdemeanor marijuana-related convictions.

The pardon action “automatically forgives every misdemeanor marijuana possession charge the Maryland judiciary can locate in the state’s electronic court records system, along with every misdemeanor paraphernalia charge tied to use or possession of marijuana.”

NORML’s Deputy Director Paul Armentano said: “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. 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.”

Maryland legalized the adult use cannabis market in 2023.

Moore’s action comes months after Massachusetts’ Democratic Gov. Maura Healey issued a similar pardon proclamation. In recent years, Governors of several states — including ColoradoNevadaOregonIllinois, and Washington — have granted over 100,000 thousand pardons to those with low-level marijuana convictions. Additionally, publicly available data compiled by NORML finds that state courts have either expunged or sealed the records of more than two million marijuana-related cases since 2018.

Pardons are a recognition of forgiveness for a past crime. They may be granted by the executive branch of the government. By contrast, expungements vacate crimes from one’s criminal record. They are issued by the judicial branch. A 2017 Maryland law permits those with prior marijuana convictions to petition the courts to have their records expunged, though there’s little evidence indicating that it has been widely used.

In December, President Joe Biden issued an expanded pardon proclamation for those seeking forgiveness for certain federal marijuana-related convictions. (The President had previously issued a more limited proclamation in 2022 and the Justice Department has opened an online portal for eligible applicants.) In his proclamations, he also encouraged Governors to issue similar pardons to those with state-level cannabis convictions.

Nationwide polling compiled by YouGov reports that nearly six in ten Americans support expunging marijuana-related convictions for non-violent offenses.

The full text of the updated report, Marijuana Pardons and Expungements: By the Numbers, is available from NORML.



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