Maryland Pardons Certain Cannabis Convictions

July 11th, 2024 | Chris Christian, Director of Compliance 

On June 17th, 2024, Maryland Governor Wes Moore issued Executive Order 01.01.2024.20 granting full pardons of certain convictions related to the simple possession of cannabis. The action pardoned 175,500 Maryland convictions and represents the largest pardon for misdemeanor cannabis possession charges for any state in the country.   

Convictions Covered  

The full pardons, which absolve individuals from the guilt of their criminal offenses and exempts them from any penalties imposed on them by law, applies to two categories of convictions:  

  • Misdemeanor Cannabis Possession  
    Individuals who were convicted of misdemeanor cannabis possession for conduct that occurred prior to January 1, 2023, including cases with a final disposition of probation before judgment.  
  • Misdemeanor Cannabis-Related Drug Paraphernalia   
    Individuals who were convicted of misdemeanor use or possession with intent to use drug paraphernalia for conduct that occurred prior to January 1, 2023, in cases in which the only other charge in the case was for misdemeanor cannabis possession, including cases with a final disposition of probation before judgment.  

Notation of Records  

The Maryland Judiciary will identify and compile a list of electronically available case records for individuals convicted of either category of conviction type (Cannabis Possession or Cannabis-Related Drug Paraphernalia) and make an electronic notation in each identified case record that the misdemeanor conviction has been pardoned pursuant to the Executive Order.  

Take-Aways  

Employers who expect to see misdemeanor cannabis convictions in their background reports should expect to see a decrease in these types of records dated prior to January 1st 2023. Employers should consider reviewing and updating their background screening policies and practices that may consider these types of records. Employers should always consult with their legal counsel when making changes to their background screening policies and practices.   

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