Cannabis Pardons (State and Federal)

What a pardon actually does

A pardon is an act of executive clemency. The President can pardon federal offenses; governors (or in some states, a pardon board) handle state offenses. A pardon forgives the offense and typically restores civil rights like voting, jury service, or firearm eligibility, depending on the jurisdiction Strong evidence^[1].

What a pardon usually does not do: automatically erase, seal, or expunge the conviction from your criminal record. In most states and at the federal level, the conviction still appears on background checks unless a separate expungement or sealing process is completed Strong evidence^[1][2]. A pardon is essentially official forgiveness on the record, not deletion of the record.

This is not legal advice. Pardon effects vary significantly by jurisdiction and offense; consult a licensed attorney or your state's pardon board for specifics.

Federal cannabis pardons

On October 6, 2022, President Biden issued a proclamation pardoning all U.S. citizens and lawful permanent residents convicted of simple possession of marijuana under federal law (21 U.S.C. § 844) and the equivalent D.C. Code offense ^[3]. On December 22, 2023, he expanded the pardon to include attempted simple possession and use of marijuana under additional federal statutes, and to cover offenses on federal lands ^[4].

Key limits of the federal pardons:

• They covered simple possession and use, not distribution, trafficking, or cultivation.
• They did not release anyone from prison — by the time of the proclamations, no one was federally incarcerated solely for simple possession ^[3] Strong evidence.
• They did not apply to non-citizens who were unlawfully present at the time of the offense.
• They did not automatically expunge records. Eligible individuals can apply for a certificate of pardon through the DOJ Office of the Pardon Attorney ^[4].

The Justice Department estimated thousands of people were eligible, but because the overwhelming majority of marijuana convictions in the U.S. are at the state level, the practical reach was limited ^[5] Strong evidence.

State pardons and mass clemency

Several governors have used clemency power for cannabis offenses, sometimes in mass actions:

• Oregon (2022): Governor Kate Brown pardoned roughly 45,000 convictions for simple marijuana possession and forgave more than $14 million in associated fines ^[6].
• Pennsylvania (2024): Governor Josh Shapiro and the Board of Pardons ran an expedited Marijuana Pardon Project; an earlier 2022 round under Governor Wolf processed several thousand applications ^[7].
• Maryland (2024): Governor Wes Moore signed a mass pardon covering more than 175,000 misdemeanor cannabis convictions ^[8].
• Massachusetts (2024): Governor Maura Healey issued a blanket pardon for misdemeanor cannabis possession convictions, approved by the Governor's Council Strong evidence^[9].
• Colorado, Nevada, Illinois, Washington and others have used a mix of pardons and automatic expungement statutes Strong evidence^[2].

Following his federal call to action, multiple governors of both parties responded — though several declined, citing existing state expungement laws or disagreement with the approach ^[5].

Pardon vs. expungement vs. sealing

These three terms get used interchangeably in news coverage but they are legally distinct:

• Pardon: Forgives the offense. Conviction generally still visible on background checks.
• Expungement: Destroys or removes the record. The offense is treated, for most purposes, as if it never happened. Some states allow you to legally answer "no" on most job applications.
• Sealing: Hides the record from public view but it remains accessible to courts and certain agencies (e.g., law enforcement, some licensing boards).

For most people seeking real-world relief — jobs, housing, professional licensing — expungement or sealing is more impactful than a pardon, because it changes what shows up on a background check Strong evidence^[1][2]. Some states (Illinois, New York, New Jersey, Connecticut) built automatic expungement into their adult-use cannabis laws so eligible records are cleared without an application Strong evidence^[2].

How to find out if you're eligible

General steps (verify with a licensed attorney or legal aid organization):

1. Identify the convicting jurisdiction. Federal? State? Which state? This determines which process applies.
2. Federal simple possession: Apply for a certificate of pardon through the DOJ Office of the Pardon Attorney's online application ^[4].
3. State convictions: Check your state's Board of Pardons, Attorney General, or court self-help portal. Many states list eligibility criteria and forms online.
4. Ask about automatic vs. petition-based relief. In states with automatic expungement (e.g., Illinois, New York), you may not need to do anything; in others, you must file.
5. Get help. Free legal clinics, public defenders' record-clearing programs, and organizations like the Last Prisoner Project and NORML's legal network can help locate counsel No data.

This is not legal advice. Laws change frequently and small details matter. Last verified: 2025. Confirm current status with your jurisdiction before acting.

What pardons don't fix

Even sweeping pardon announcements leave gaps:

• Federal scheduling unchanged. Marijuana remained a Schedule I substance under the Controlled Substances Act throughout the Biden pardons. A proposed reclassification to Schedule III was under DEA review as of 2024–2025; status changes frequently — verify current scheduling before relying on this Disputed^[10].
• No automatic release. No one walked out of federal prison because of the 2022 or 2023 proclamations.
• Immigration consequences persist. A pardon may not eliminate the immigration impact of a cannabis conviction for non-citizens; federal immigration law treats marijuana offenses harshly regardless of state legality Strong evidence^[1].
• Private background-check databases. Even after expungement, commercial data brokers sometimes retain old records. Cleanup often requires a separate dispute process.

Pardons are a meaningful symbolic and partial step. They are not a substitute for legislative reform or for the harder work of expungement.

Sources

How this page was made