For years, elected leaders have referred to as for decriminalizing the grownup use of marijuana. These proposals name for legalizing the possession of marijuana and serving to the tens of 1000’s of Pennsylvanians who’re struggling to search out employment due to a felony document that consists solely of a years-old marijuana conviction.
These calls have been met with gridlock in Harrisburg, as a latest invoice did not cross via committee. In just a few quick weeks, the phrases of workplace will finish for 3 officers who maintain the important thing to second probabilities for the individuals carrying the burden of earlier marijuana convictions: the governor, the lieutenant governor, and the lawyer common. These three, plus the three appointed members of the Board of Pardons — corrections professional Harris Gubernick, psychiatrist John Williams, and sufferer consultant Marsha Grayson — have the ability to forgive earlier marijuana convictions, and let these Pennsylvanians begin rebuilding their lives.
The Board of Pardons and governor should take motion — not only for these with felony information, however for the entire of Pennsylvania.
In recent times, states have begun decriminalizing the possession of marijuana, and proof continues to amass that marijuana is not any extra a “gateway drug” than alcohol. However Pennsylvania continues to cost and convict individuals of marijuana-related offenses. A staggering 243,287 prices have been filed within the final decade for the 2 lowest-level offenses — “possession of marijuana” and “marijuana, small quantity private use.”
Pennsylvania continues to cost and convict individuals of marijuana-related offenses.
In September 2019, the Board of Pardons introduced a particular program to expedite pardons for marijuana-specific crimes that didn’t contain violence. “Minor offenses mustn’t carry a life sentence,” Gov. Tom Wolf mentioned on the time. Expediting pardons for these instances, he mentioned, “is the fitting factor to do.”
As of Aug. 23, 2022, (the latest knowledge revealed by the Board), solely 373 individuals had been beneficial for a pardon as a part of the expedited marijuana assessment program. That’s 373 in three years.
This previous September, Wolf introduced one other program: The PA Marijuana Pardon Challenge, by which individuals with sure nonviolent marijuana convictions may apply for a pardon on-line earlier than Sept. 30. “I’m dedicated to doing every part in my energy to assist Pennsylvanians who’ve been adversely affected by a minor marijuana offense,” Wolf mentioned in a press release.
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This system generated some 3,500 purposes, however that quantity doesn’t symbolize 3,500 individuals, as separate purposes are required for every qualifying conviction. And whereas which will sound like loads, there have been 51,604 convictions only for these two minor crimes — “possession of marijuana” and “marijuana, small quantity private use” — in simply the final decade.
Requiring people to use for reduction, one after the other by one, leaves out the low-income communities that have been hardest hit by the battle on medicine. Regardless of estimates that 1 out of 6 households in Philadelphia wouldn’t have high-speed web entry, the applying was solely accessible on-line, and the applying portal itself required not only a smartphone, however a pc. Out of the 1000’s of purposes, solely 197 got here from individuals whose convictions have been primarily based in Philadelphia.
If Wolf is admittedly severe about doing every part in his energy to assist Pennsylvania residents who’ve been unfairly deprived by our battle on medicine, he must challenge a common pardon for individuals with low-level marijuana offenses. No want for submitting of particular person purposes or assessment of particular person information: a common pardon requires one piece of paper, and one signature.
Final month, President Joe Biden issued the same blanket pardon for individuals convicted of marijuana possession by the federal authorities, and he referred to as on governors across the nation to do the same for people convicted of state offenses. The governor of Oregon answered the decision simply this week, issuing pardons for about 45,000 individuals whose felony document consisted of straightforward marijuana possession.
Wolf has the flexibility to grant common pardons — my group, Philadelphia Attorneys for Social Fairness, lately commissioned a authorized memorandum that confirmed this. First, the Board of Pardons has to challenge a suggestion following a public listening to, however the remaining choice is the governor’s.
The governor ought to demand the Board of Pardons maintain a public listening to to contemplate the concept of a common pardon for individuals with felony information associated to low-level marijuana offenses, so he can challenge his common pardon.
Wolf has only some extra weeks left in workplace. Tens of 1000’s of Pennsylvanians stand to learn, instantly, from only one signature on one piece of paper. What are we ready for?
Renee Chenault Fattah is the chief director of the nonprofit Philadelphia Attorneys for Social Fairness.