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Governor Healy announces blanket pardon for misdemeanor marijuana possession, to be sent to governor's council

March 13, 2024 | Office of the Governor, Executive , Massachusetts


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Governor Healy announces blanket pardon for misdemeanor marijuana possession, to be sent to governor's council
Governor Healy announced at a public event that she is exercising her executive authority under the Massachusetts Constitution to pardon all misdemeanor convictions for marijuana possession on state records and will present the measure to the governor's council for consideration. "Today, I am exercising my executive power as governor under the Massachusetts Constitution," she said, adding, "Justice requires it."

Healy said the pardon is intended to be sweeping and automatic: it will apply to all misdemeanor possession convictions in state courts and, if the governor's council votes in favor, "nobody will have to do anything" to receive the pardon. The administration will work with trial courts, probation and other partners to update records. Healy said anyone who wants official proof may request a certificate online and the administration will send it back.

The governor framed the action as a step to address racial disparities in enforcement: "Surveys show that white, black, and Latino Americans use cannabis at the same rate, yet black and Latino Americans have been more frequently arrested, charged, and convicted of possession," she said, describing that reality as "unjust". She acknowledged the administration does not have a precise count of people affected but characterized the eligible population as large.

Attorney General Andrea Campbell, who spoke at the event, said the pardons will help remove barriers to jobs, housing and education. "These pardons will transform the lives of 1,000, remove barriers allowing them to live with economic dignity," she said. Senate President Karen Spilka called the move "a tangible and very important step" toward equity and cited the Legislature's 2022 cannabis equity provisions that created expedited expungement processes.

Law enforcement reaction at the event included support from the Massachusetts Chiefs of Police Association. Newton Police Chief John Carmichael said the pardon aligns prior convictions with current law and noted the historic harms of the "war on drugs."

Two people who said they had been arrested for small amounts of cannabis described the personal effects of those records. Devin Alexander recounted a 2011 arrest for "possessing around 3 grams of cannabis" that derailed plans and said pardons are an overdue correction. Danny Vasquez described having his juvenile record sealed and said the administration's action will expand economic opportunity for people previously excluded from jobs.

Healy emphasized the legal distinction between pardons and expungement, saying expungement remains a court process outside her direct authority. "Expungement is not within my power," she said, adding that the pardon is the executive tool she can exercise now. The administration will prepare the necessary documents for presentation to the governor's council; Healy said that if the council votes favorably, the pardons would be automatic and records will be updated without individual action.

Next steps: the administration will present the pardon document to the governor's council for consideration; the action will take effect as described if and when the council votes in favor. Individuals who want a certificate attesting to a pardon were told they may request one through an online form the administration will provide.

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