BOSTON — The governor of Massachusetts, Maura Healey, announced on Wednesday that she intends to pardon tens of thousands of individuals who were convicted of minor marijuana charges over several decades, demonstrating the state's commitment to pardoning low-level drug offenders.
If approved, the pardons will apply to all adults who were convicted in Massachusetts state courts before Wednesday for possessing marijuana or a “Class D substance.” Most individuals will not need to take any action to update their criminal records, according to the former state attorney general who is a Democrat.
Healey referred to the pardons as the broadest ones issued by a governor since President Joe Biden pardoned federal marijuana possession convictions and urged other governors to do the same.
A pardon essentially serves as forgiveness granted by the governor for a conviction. It does not automatically seal or expunge criminal records.
“No one should encounter obstacles in obtaining employment, housing, or education due to an old minor marijuana conviction for which they would not be charged today,” stated Healey, emphasizing her commitment to using clemency “to promote fairness and equity in the criminal justice system.”
According to a report by the Cannabis Control Commission, the organization responsible for overseeing the legal cannabis market in Massachusetts, there were nearly 69,000 civil or criminal violations for marijuana possession in Massachusetts from 2000 to 2013.
The administration estimates that the pardons announced on Wednesday could potentially benefit hundreds of thousands of individuals.
The pardons do not extend to other marijuana-related convictions such as possession of marijuana with the intent to distribute, distribution, trafficking, or operating a motor vehicle under the influence, as well as convictions from jurisdictions outside of Massachusetts, including federal court, according to the administration.
The pardon becomes effective only if the Governor’s Council approves Healey’s decision. Pardons would take effect immediately after the council votes, although updating criminal records would require some time.
In 2016, Massachusetts voters approved a measure legalizing marijuana, the same year voters in California and Nevada also legalized recreational marijuana.
Since 2016, a thriving legal marijuana industry has emerged in Massachusetts, despite the drug remaining illegal at the federal level.
In December, Biden pardoned numerous individuals who had been convicted of using and possessing marijuana on federal lands and in the District of Columbia.
At the time, the White House stated that Biden’s recent round of executive clemencies aimed to address racial disparities in the justice system. Biden had expressed that his actions would contribute to realizing the “promise of equal justice.”
December’s action was intended to build upon a similar round of pardons issued just prior to the 2022 midterm elections for those convicted of simple possession on federal lands.
At the time, Biden urged governors to issue similar pardons for individuals convicted of state marijuana offenses, which constitute the vast majority of marijuana possession cases.
Healey, who is running for governor in 2022 as a Democratic candidate, said she would follow Biden’s request.
Similar actions have been taken by other states.
In 2022, Rhode Island Gov. Dan McKee approved a law to make recreational marijuana legal, regulate its use, and automatically clear past marijuana possession charges.
In 2022, Missouri voters passed a law allowing marijuana and requiring the removal of records of previous arrests and convictions for nonviolent marijuana offenses, except for selling to minors or driving under the influence.
Also in 2022, Connecticut Gov. Ned Lamont announced that the records of thousands of residents convicted of cannabis possession would be cleared using an automated erasure method. The records in about 44,000 cases would be completely or partially erased.
