2.5 million Americans will have their marijuana convictions forgiven

2024-06-19 21:03:00, Kosova & Bota CNA

2.5 million Americans will have their marijuana convictions forgiven

Marijuana, source Reuters

Maryland this week became the latest state to announce mass pardons for people convicted of marijuana-related crimes, as part of efforts to improve the lives of those who ended up in prison as a result of the country's 10-year war on drugs.

Under Gov. Wes Moore's plan, more than 175,000 people convicted of possession of cannabis or drug paraphernalia will be pardoned, but not permanently erased from the criminal records of these individuals.

Next, a look at American attitudes in dealing with old cases with marijuana convictions.

Some of the cannabis sentences have been commuted or pardoned

The marijuana legalization group NORML says about 2.5 million cannabis convictions have been expunged or forgiven in recent years.

"It's a small number when you consider the fact that over the past 50 years or so, over 30 million Americans have been arrested at the state or local level for marijuana," Paur Armentano, deputy director of the NORML group, said in an interview.

Pardoned people regain their civil rights, such as the right to vote, serve on a jury, or own a gun.

Conviction settlements go further, completely hiding conviction history and records; which enables individuals who receive federal tuition assistance to qualify for public housing and allows parents to participate in their children's school activities, among other benefits.

Executive branch officials such as mayors, governors and the president can pardon someone, but few leaders have done so like Maryland's. Similar decisions have been made in Massachusetts, Nevada, Oregon, Birmingham, Alabama and Kansas City.

President Joe Biden has ordered multiple pardons for those convicted of possession of cannabis on federal property or in the District of Columbia.

It is not clear who and how many people benefit. To understand whether they have been pardoned or not, convicts must apply for a certificate; as of this month, just over 200 people who were eligible for President Biden's pardon had applied.

It takes a court, usually based on a statute, to order a criminal record expunged, though Oregon provides this along with pardons, and Maryland's approach makes it easier.

Criminal record clearance has its roots in the legalization of marijuana

Marijuana laws have changed a lot since the late 1990s, when states began allowing the medical use of marijuana, a practice that has been embraced by most states.

Twenty-four states have legalized recreational use for adults, 26 have decriminalized it, and the United States Department of Justice this year moved to reclassify it as a less dangerous drug, giving hope to activists in support for the legalization of marijuana, for allowing its use in the 12 states that prohibit it.

The legalization of marijuana in Colorado and Washington, the first states to take such action, raised a question: Should people with past convictions continue to suffer consequences for something that is now legal?

A growing number of voters and lawmakers say no. Most states that have legalized marijuana recently have made it part of the new policy how to clear past marijuana possession convictions.

A expungement provision for those who qualify was part of a voter-approved measure that supported the 2022 legalization of marijuana in Maryland.

But in many cases these provisions require convicted people to seek expungement of their records, a process that can take time and requires the help of an attorney.

Policies like Maryland's can address gender inequality

Advocates say multiple pardons and commutations, like the one in Maryland, are a way to address long-standing racial disparities.

According to some studies, African Americans have suffered more from the consequences of national drug policies than white Americans, although data show that marijuana use by both groups is at a similar rate.

An analysis by the American Civil Liberties Union (ACLU) found that African Americans were three times more likely than whites to be charged with possession of marijuana in 2018. Disparities were noted in every state.

Pardons and automatic commutations cover all who qualify, reducing opportunities for inequity.

A 2020 study by University of Michigan Law School professors found that fewer than 7 percent of people who qualified for criminal record clearance took advantage. Most did not apply.

"Under the old model, it took a lot of resources to get a criminal record cleared ," said Adrian Rocha, policy manager at the Last Prisoner Project, which, like other advocacy groups, is committed to pardon and cleanup policies. of extensive criminal history.

"Blanket amnesties for all categories of activities that were criminal in the past help communities of color and make it easier to deal with issues that communities have faced in the past," says Cat Packer, of the Drug Policy Alliance./ VOA