The Governor of Massachusetts recently pardoned individuals charged with simple marijuana possession. Following this decision, the Governor’s Council unanimously shared their approval and support for pardoning these records. As a result, anyone charged with misdemeanor possession of marijuana before March 13, 2024, will see these crimes immediately cleared from their records.

After receiving approval from the Governor’s Council, Governor Healey announced that Massachusetts had made history and thanked the council for their part in it. In the statement, she announced the following:

“I’m grateful to the Governor’s Council for their due diligence in approving my request to pardon all state misdemeanor marijuana possession convictions. Thousands of Massachusetts residents will now see their records cleared of this charge, which will help lower the barriers they face when seeking housing, education or a job. I want to thank President Biden for his leadership on this issue, and I’m proud that Massachusetts was able to answer his call to action in this momentous way. I hope that other states will follow our lead as we work together to make our communities more fair and equitable.”

According to the Governor, no action is necessary from those charged with possession of marijuana misdemeanors if they received these charges during the covered period. The state will automatically pardon the eligible records. Furthermore, pardoned individuals may request a Certificate of Pardon as proof of the change. 

These pardons will also appear in the court records. However, the Massachusetts trial court warned that updating the system could take months. The court explained that there are approximately 70,000 to 100,000 cases to address.

Affected individuals must understand that receiving this pardon does not mean the court removed the charge from their records. Instead, reports will show the charge and include a note about the pardon. Due to this clarification, council members began questioning whether the state should do more. For example, some wondered whether expungement would be a better option.

Those with eligible records should also understand that the pardons apply to simple marijuana possession only. As such, anything in conjunction with simple possession will not count. For example, the pardon does not apply to possession with intent to distribute, and it also does not apply to higher-level charges in marijuana trafficking.

Finally, consumers with eligible records must know that the state will not inform them of the pardon. Anyone wishing to confirm their eligibility or progress should check the court records and conduct a self-background check. A self-check helps confirm whether the pardon appears in qualified cases, informs consumers of errors, and offers them a chance to correct any mistakes.

Run a self background check today to review what employers, landlords, and others see.

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Massachusetts has decided to pardon offenders charged with simple marijuana possession. As announced by Governor Healey, “I am exercising my executive power as governor under the Massachusetts Constitution, subject to approval by the Governor’s Council, to pardon all misdemeanor convictions for marijuana possession on record in our state.”

This is the first state to do so since President Biden decided to grant pardons to federal offenders charged with simple marijuana possession. Though the Governor’s Council approved the pardons and unanimously supported the effort, they voiced questions on the matter. Such questions included concerns about whether this was enough help for those affected by past marijuana laws.

According to the governor, anyone convicted of misdemeanors for possession of marijuana could qualify for the pardon. However, she emphasized that qualified records included those before the day her letter of request reached the council. The Lieutenant Governor also explained what would happen due to the Governor Council’s vote.

Those charged with misdemeanors of possessing marijuana before March 13, 2024, will see their crimes immediately cleared. As such, anyone receiving a pardon will see it done without taking personal action. Anyone who would like a Certificate of Pardon can request one.

The court system will update all charges of marijuana possession to show the pardoned status. This process involves updating records for approximately 70,000 to 100,000 people. As such, the Massachusetts trial court indicated this could take months. Though concerns have arisen, the court did not give an opinion on the pardon plan. Regardless, they are ready to begin updating the records.

The pardons do not remove the charges from an individual’s record. As such, the council voiced concerns about simply marking the records as pardoned. When searching for actions to help affected individuals, Councilor Kennedy asked District Attorney Kevin Hayden for ideas. District Attorney Hayden recommended they consider expungement. Councilor Kennedy has taken this into consideration and also encouraged the council to do more to inform affected individuals about their pardoned records.

Councilor Terrence Kennedy commented on a scenario concerning the pardons. In this example, Councilor Kennedy explained how an individual’s records would still show the pardoned conviction. Despite the information mentioning the pardoned status, most people with marijuana convictions would not know about the changed status.

These pardons are only for simple marijuana possession. As such, they do not apply to other charges made in conjunction with possession, possession with intent to distribute, or any other higher-level charges in marijuana trafficking. According to Governor Healey, the pardon will take effect immediately.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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The Governor of Massachusetts plans to pardon anyone convicted of simple marijuana possession in the state. According to the governor’s office, this could mean pardoning hundreds of thousands. However, the state does not have exact information on how many people qualify for the pardon. 

The governor’s office also explained that pardons do not apply to other marijuana-related charges. For example, those charged for driving under the influence will not qualify. Anyone with charges related to the distribution of marijuana will also face disqualification for the pardon.

Those who did not receive a pardon for marijuana convictions will find this information still in their background reports. As a result, potential employers or landlords may still access these records and use them when deciding the individual’s eligibility.

Governor Healey will be the second governor to pardon people for simple marijuana possession. This decision is in response to President Biden’s pardons for simple marijuana possession in Washington, DC. At the time, the President asked all state governors to do the same.

The first to follow President Biden’s example was the governor of Oregon. She pardoned people in her state with convictions for simple marijuana possession of no more than one ounce, resulting in over 47,000 pardons. In December of 2023, President Biden pardoned those with convictions for using or attempting to possess marijuana on federal land. He asked again for Governors to issue simple pardons. 

The Massachusetts Governor stated that pardons would be automatic for most individuals. As such, individuals do not need to do anything to update their criminal records. She also explained what to do when someone needs to prove they received a pardon before the state updates their records. Anyone may use an online form to request proof. She also encouraged those who felt passed over for a pardon to apply online for proof.

The plan has received widespread support among elected officials, criminal justice reform advocates, and others. Unfortunately, issuing these pardons may not be straightforward. For example, the plan must receive support from the Governor’s Council to approve the pardons. This council is an eight-member group tasked with reviewing pardons.

Following a vote to approve the measure, Governor Healey stated that the pardons would become effective immediately. However, updating an individual’s records may take longer to reflect the change. Governor Healey acknowledged that “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.” As such, she voiced gratitude for President Biden’s actions and her desire to answer his call to action.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

Source

The post Massachusetts Governor Proposes Pardons for Marijuana Possession appeared first on JDP.