Massachusetts governor issues marijuana pardon
Blanket ruling applies to misdemeanor convictions
WORCESTER, Mass. – Drawing on her state’s deep commitment to advancing justice and social equity in Massachusetts, Gov. Maura Healey issued a blanket pardon for all misdemeanor marijuana convictions in the state in perpetuity.
“It’s about time, the president did it, now it’s time for our state to do it,” Healey said as she announced the executive order.
It will be effective immediately pending the approval of the Governor’s Council which meets on March 27. Member Paul DePalo said he expects the item to be on the agenda that day.
“I can’t speak for other members of the Council, but I am enthusiastic about this,” DePalo said.
Once the Council acts, the pardon will be effective immediately.
“Massachusetts is the first state in the nation to take action since the president pardoned federal marijuana convictions and called on states to follow,” Healey said.
President Joe Biden announced the pardon of federal marijuana convictions in Washington D.C., during his State of the Union address on March 7.
The executive order pardoning the conviction is within the powers of the governor and is different from an expungement which would wipe the slate clean for affected persons.
Healey estimates that “hundreds of thousands” of residents would be affected by the pardon. It would be automatic, with no action required by individuals. Residents would be able to request and receive a certificate of pardon after filling out an on-line form. .
Massachusetts decriminalized marijuana possession in 2008 and legalized it in 2016 through ballot initiatives, asking residents to decide the issue. Since then the state has been home to a billion-dollar recreational and medicinal use marijuana industry.
Healey, who as attorney general initially opposed the measures, has now embraced its legal status in Massachusetts and many other states around the nation. In 2022, while on the gubernatorial campaign trail, she pledged to pardon those convicted of simple possession in state courts. Federally, it is still considered a Schedule 1 substance on par with heroin, opioids and cocaine.
When questioned on her changed stance, Healey said she had “evolved. Who doesn’t want a governor who can grow?”
The pardon, Healey said, would help redress the harm the disparities in the state’s criminal justice system that targeted Black and Brown populations. She quoted statistics about marijuana use across Black, Brown and white populations. While use is statistically uniform across each, Black and Latino people are more likely to be arrested, charged and convicted for possession than white people.
Lanny Kutakoff has been a criminal justice advocate for 45 years and applauded enthusiastically for the governor’s announcement. His organization, Coalition for Effective Public Safety, has been working to effect change for decades. The blanket pardon is a step in the right direction, he said, adding that it was a question that needed to be addressed with the changes in the state’s marijuana laws.
The pardon would break down barriers to securing jobs, housing and educational benefits that could be posed by a conviction for marijuana possession.
State rep. Mary Keefe, D-Worcester, hopes the pardon will affect the state’s CORY system, a criminal background check conducted by state agencies, especially schools and programs that work with children. Pardons could open the door to residents who wish to volunteer in their children’s schools and programs.