BOSTON — Gov. Maura Healey on Wednesday announced that she is taking executive action to pardon people with misdemeanor marijuana possession convictions in Massachusetts.
The action, if approved by the Governor’s Council, would follow President Joe Biden’s lead of pardoning federal marijuana possession convictions. It could impact hundreds of thousands of people.
If approved, Healey’s pardon would apply to all eligible convictions, and most people would not need to take any action to have their criminal records updated. It would apply to all adult Massachusetts state court misdemeanor convictions before March 13, 2024, for possession of marijuana, often referred to by police and the courts 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 said. “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.”
Lt. Gov. Kim Driscoll praised Healey’s proposed pardon, citing changes to marijuana laws over the years.
“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,” Driscoll said. “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.”
Attorney General Andrea Joy Campbell also applauded Healey’s plans to pardon those with prior marijuana possession convictions.
“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,” the attorney general said. ”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.”
Newton Police Chief John Carmichael added in a statement, “The Massachusetts Chiefs of Police Association stands with Governor Healey and her administration to offer a fair and just response to those previously impacted by simple marijuana possession offenses. Governor Healey’s pardon of misdemeanor marijuana possession offenses creates an equitable playing field for all and allows past convictions to align with the modern-day laws of the Commonwealth.”
In October 2022, President Biden issued a presidential proclamation that pardoned many federal and Washington, D.C. offenders for simple marijuana possession offenses. In December 2023, Biden expanded that pardon to include more offenses and issued a call to governors to take similar action to pardon marijuana convictions in their states. In his State of the Union address last week, Biden directed his cabinet to review the federal classification of marijuana.
While in office, Healey has pardoned a total of 13 people to date. She also has issued new clemency guidelines to center fairness and equity in the criminal justice system.
State lawmakers like Rep. Russell Holmes have been advocating for years for simple possession charges to be expunged from people’s records.
“This is a big deal because of the overcriminalization of marijuana for many, many years, particularly in Black and brown communities,” said Rep. Holmes.
Healey’s office issued the following additional information for people previously convicted of marijuana possession:
What is a pardon?
A pardon is an act by the Governor of Massachusetts that acts as forgiveness for a conviction from your criminal record.
What offenses does this pardon cover?
The pardon forgives all Massachusetts state court misdemeanor convictions for possession of marijuana (sometimes referred to as possession of a “Class D substance”) before March 13, 2024
The pardon does not apply to:
• Criminal cases resolved after March 13, 2024
• Other marijuana-related convictions such as possession of marijuana with intent to distribute, distribution, trafficking, or operating a motor vehicle under the influence
• Convictions from jurisdictions outside Massachusetts, including federal court
• Continuances without a finding or other non-conviction dispositions for possession of marijuana
What if I was convicted of a marijuana-related offense in another court or jurisdiction?
This pardon only affects convictions in Massachusetts state court. It does not apply to convictions from other states or from federal court, although the federal government has recently pardoned some marijuana possession offenses.
When does this pardon become effective?
The pardon only becomes effective if the Governor’s Council approves the Governor’s decision. The pardon would become effective immediately after the Governor’s Council votes to approve it, although it will take some time for individual criminal records to be updated.
Does this pardon mean my entire record is cleared?
No. The pardon will be reflected only for the specified marijuana possession offenses. It does not affect other entries on your criminal record.
What do I need to do to claim my pardon?
Probably nothing. If the Governor’s Council approves this pardon, various state agencies will work together over the coming months to update many criminal records to reflect this pardon, although limitations in electronic court records will mean that not everyone will have their record updated this way.
If the Governor’s Council approves this pardon, you will be able to request a marijuana pardon certificate through an online form if:
• You need proof of the pardon before your record is updated, or
• You believe that your record has not been updated through the automatic process.
Why would I want to obtain a marijuana pardon certificate?
The certificate serves as proof of the pardon and may help remove civil or legal restrictions because of the conviction.
Will this pardon seal my criminal records?
The pardon does not automatically seal or expunge criminal records. If you wish to have this pardon seal your conviction, you must either fill out the marijuana pardon certificate form and check the appropriate box asking to have your conviction sealed or otherwise request to have your record sealed or expunged.
Will I get reimbursed for any court fees, fines, or penalties because of this pardon?
No. This pardon is not intended to forgive any court fees or other fines that have already been paid, and it does not provide a basis for seeking a refund.
This is a developing story. Check back for updates as more information becomes available.
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