Oregon Governor Kate Brown Pardons Thousands with Cannabis Convictions
On November 21, 2022, Oregon Governor Kate Brown pardoned approximately 45,000 individuals with simple possession cannabis convictions. This action means these individuals will have their convictions for simple possession of marijuana removed from their official court records. In addition, Governor Brown's pardons also include the cancellation of court fines and fees, with her office estimating that these actions will forgive "approximately $14 million in unpaid court fines and fees".
In many states, a governor's pardon can carry more weight and have a wider scope than federal pardons. For example, in Massachusetts, Arkansas, Illinois, Maryland, Nebraska, and South Dakota, a pardon can result in a person's conviction being expunged or sealed. This is why it is so important for governors across the country to continue to follow President Biden's call to issue pardons to individuals with cannabis offenses.
Furthermore, research has shown that fines and fees associated with the record clearance process can prevent individuals from receiving the relief they are entitled to under the law. In the absence of comprehensive record clearance legislation, which could eliminate these fines and fees, governors can use their pardon power to ensure that individuals are no longer impacted by the collateral consequences of a criminal record associated with a now-legal activity.
Recent developments in Connecticut show how legislation can automate these retroactive relief processes to ensure that anyone impacted by the War on Drugs receives the assistance they need.
As Governor Lamont recently announced, on "January 1, thousands of people in Connecticut will have low-level cannabis convictions automatically erased due to the cannabis legalization bill" passed last year.
However, the relief provided in Oregon and forthcoming in states like Connecticut is not yet available for thousands of individuals throughout the United States who are still incarcerated and affected by the collateral consequences of a cannabis-related offense.
It is crucial that we do not rely solely on a governor's good intentions to free individuals from the harm caused by the War on Drugs.
As we highlighted in a previous blog post, the use of executive action by governors is rare. Many governors were hesitant when President Biden called on them to provide relief for individuals with low-level cannabis offenses.
To that end, we must continue to advocate and push our governors to follow President Biden's call, as Governor Brown has done. We must also call on our state legislators to pass legislation that will create automatic processes for individuals with cannabis-related offenses to have their sentences reduced and their criminal records eliminated.
ADDITIONAL RESOURCES:
To learn more about Governor Brown's pardon work, watch this recent ACLU panel with Last Prisoner Project constituent Michael Thompson.
During the holidays, as you are with friends and family, please keep in mind these individuals and their loved ones who are still persecuted by
a war that Americans no longer support. You can
write them a letter to show that you are thinking of them.
