Low-level marijuana pardon program draws unexpectedly low response
More than 200 Lehigh Valley residents with low-level marijuana convictions have applied for pardons — an unexpectedly low turnout.
“I was surprised that the numbers were as low as they were,” said Joseph E. Welsh, director of the Lehigh Valley Justice Institute. “But, we’re right in the middle range of all counties.”
More than 3,500 total applications were submitted to the state’s Marijuana Pardon Project, but advocates expected far more.
While factors such as the short 30-day application window and the specific charges eligible might have hindered some from applying, the data does show the breadth of the effort’s reach across the state. But, at least one
Lehigh Valley law enforcement official is worried there are too many applications to allow for a comprehensive vetting process before pardons are issued.
“My biggest concern is that we’re not going to have an adequate opportunity, or perhaps any opportunity at all, to look through these applications,” said Lehigh County District Attorney Jim Martin. “And it might only be a few that we would object to, but I think it would be important to give district attorneys across the state the opportunity to vet these applications as well.”
The Morning Call reached out to state officials, asking if district attorneys would have the opportunity to review applications. The request was
not immediately returned. Northamp
ton County District Attorney Terry Houck was unavailable to provide comment for this story, a spokesperson said.
Announced Sept. 1 by Gov. Tom Wolf and Lt. Gov. John Fetterman, the project aims to forgive two types of nonviolent marijuana convictions, possession of marijuana and marijuana, small amount personal. While minor, advocates argue either or both of these convictions can act as a barrier for those seeking housing, employment, higher education and other services or benefits.
Dauphin County had the most applications, with 298, and Montour County had the least, with two. The Lehigh Valley landed in the middle, according to data obtained by The Morning Call from the state Board of Pardons. Lehigh County residents sent in 118 applications, while 94 were submitted from Northampton County.
No applications were received from Cameron County, the least populous county in the state.
“What that does show is that this is an issue that cuts across all kinds of demographic lines,” said Welsh. “Sixty-six of 67 counties having applicants means this isn’t like a big city issue … It’s like everything else in criminal justice, there’s so much more that unites us than divides us and it would be great if the rhetoric was not so divisive.”
Celeste Trusty, the state Board of Pardons’ secretary, said “it is truly fantastic” to see applications from the majority of counties.
“This highlights that people across Pennsylvania are being held back by convictions for personal marijuana use, and that this effort by Gov. Wolf, Lt. Gov. Fetterman and the Board of Pardons will make a positive impact that will benefit communities commonwealth-wide,” Trusty said.
Applications were accepted online through Sept. 30, and officials at the Board of Pardons now must undergo a merit review of each. In mid-December, a public hearing will be held, where board members vote to send applications for a pardon. Then, it’s up to Wolf to issue each pardon.
While the brief application window was designed to make sure all were processed before Wolf leaves office, it could have worked against some residents with qualifying convictions who either didn’t know about the effort or missed the deadline. In addition, the program excludes those with a paraphernalia conviction attached — something advocates have said would limit the total pool of applicants.
The Valley wasn’t the only area to fall short of application expectations, Welsh said.
“I was a little surprised at the major metropolitan areas, like Philadelphia and Allegheny counties, that they would not have had a higher participation rate based on population,” he said. “Because there are so many advocacy groups, I would have thought there would have been more messaging around the program.”
Generally, when a Lehigh
County resident applies for clemency, officials receive a notice from the state Board of Pardons, Martin explained. Detectives from the district attorney’s office review the case files, conduct interviews and complete research before approving or objecting to each application.
Martin hasn’t received any notices from the board about the project’s applications, he said. And he’s wary of an “automatic pardon,” or applications that aren’t scrutinized adequately to discover mitigating or aggravating factors.
“I don’t know whether we’re gonna have the ability, if we got flooded — even though they’re only 118, and that number may be middle of the pack in the state of Pennsylvania,” Martin said. “That would put a burden on the detectives and the DAs in this office to review those files. And I don’t know whether we would have the ability to adequately vet those applications.”
Many simple marijuana possession cases end with the defendant admitted to the Accelerated Rehabilitative Disposition program. It allows first-time, nonviolent offenders to complete a rehabilitation course and have the offense scrubbed.
It’s about the context, Martin explained. If a resident applied for a pardon years after the conviction and has since led a useful life without any further brushes with the criminal justice system, he’d support it.
“But we do it only after we’ve investigated,” he said.