Governor Moore Signs Historic Executive Order Pardoning 175,000 Maryland Cannabis Convictions

Governor Wes Moore signed a historic executive order pardoning 175,000 Maryland convictions related to the possession of cannabis, including convictions for misdemeanor possession of cannabis and certain convictions for misdemeanor possession of drug paraphernalia. The order represents the largest pardon for misdemeanor cannabis possession charges for any state in the country and the inclusion of paraphernalia makes Maryland the first state to take such action.

"Maryland made history when we legalized cannabis by referendum. But we cannot celebrate the benefits of legalization while forgetting the consequences of criminalization. No Marylander should face barriers to housing, employment, or education based on convictions for conduct that is no longer illegal," said Gov. Moore. "Today, we take a big step forward toward ensuring equal justice for all. But this won't be our last effort. We must continue to move in partnership to build a state and society that is more equitable, more just, and leaves no one behind.

The Governor’s pardon follows the constitutional amendment passed during Maryland’s 2022 legislative session that legalized adult use and possession of cannabis and was overwhelmingly approved by popular referendum. Of the 175,000 pardons issued, more than 150,000 represent misdemeanor convictions for simple cannabis possession and more than 18,000 represent misdemeanor convictions for use or possession with intent to use drug paraphernalia.

Eligibility criteria for the pardons include:

• Convictions for misdemeanor possession of cannabis or misdemeanor use or possession with intent to use drug paraphernalia; 
• Convictions for misdemeanor use or possession with intent to use drug paraphernalia were in cases associated with misdemeanor cannabis possession and no other charges were incurred; 
• Related disposition of guilty or probation before judgment; 
• Charges occurring prior to January 1, 2023, when possession of personal use amount of cannabis was decriminalized.

“The enforcement of cannabis laws has disproportionately and overwhelmingly burdened communities of color. Opportunities were denied because those who were convicted faced steep obstacles to jobs, education, and housing,” said Maryland Attorney General Anthony G. Brown. “Governor Moore’s pardons will remove these barriers and enable thousands of Marylanders to lead productive lives without the impediments created by their prior convictions. I thank Governor Moore for his bold and decisive action in the name of fairness and equity.”

As a result of the executive order, the Maryland Judiciary will ensure that each individual’s electronic docket is updated with an entry indicating that the conviction has been pardoned by the governor. The process is expected to take approximately 2 weeks.  

Governor Moore’s executive order also directs the Department of Public Safety and Correctional Services to develop a process to indicate on an individual’s criminal record that the conviction was pardoned. This process is expected to take approximately 10 months to complete.

“Last Prisoner Project applauds Governor Moore and his administration’s actions to rectify racial disparities caused by cannabis prohibition. Today’s historic pardon is the boldest measure undertaken by any governor and will finally provide a light at the end of the tunnel for people who are dealing with the collateral consequences of a record – inability to find housing, employment, education, or even insurance or financial products, based solely on a scarlet letter from their past,” said Last Prisoner Project Director of Strategic Initiatives Jason Ortiz. “By answering President Biden's continued call on governors to grant cannabis clemency, Governor Moore has become a champion of cannabis justice that other governors can follow. All it takes is the stroke of a pen to right history.”

Governor Moore signed the executive order using the Last Prisoner Project’s “Pen to Right History,” a pen that family, friends, and loved ones of people impacted by cannabis incarceration all around the country have used to write letters to elected officials asking for justice. The pen is a powerful symbol to represent the real impact that legislation and executive action have to help rectify the wrongful imprisonment of victimless cannabis-related sentences. The governor’s pardon will not release any incarcerated individuals, but it is an important first step to ensuring the fair and equitable administration of justice surrounding cannabis convictions in Maryland.

Individuals do not need to take any action to receive the pardon.  After the Judiciary updates the electronic dockets to reflect the pardon, a process that should take approximately 2 weeks, individuals can check online or at a public kiosk at any courthouse in the state to verify whether they were included in the pardon.

To review individual records, visit the Maryland Judiciary Case Search website: casesearch.courts.state.md.us/casesearch/. To locate the nearest courthouse, visit mdcourts.gov/courtsdirectory/courtlocations.

Anyone who is eligible for a pardon but who was not included in the mass pardon may apply for a pardon through the regular applica​tion process—as may be the case for individuals whose convictions pre-date electronically available record formats. To apply for a pardon, visit dpscs.state.md.us/publicservs/pdfs/Application-for-Pardon-Revised.pdf. 

“This courageous action by Governor Moore is an important piece of a much bigger puzzle of addressing the devastating drug war which disproportionately harmed, and continues to harm, marginalized Black and brown communities,” said University of Baltimore School of Law Center for Criminal Justice Reform Executive Director Heather Warnken. “We celebrate this historic win and look forward to partnering with the administration on the work ahead.”

A pardon is different from an expungement. Though the Maryland Judiciary will make a note on the record that the offense has been pardoned, it will still appear on the individual’s record. Expungement is the process by which a criminal conviction is destroyed and removed completely from the public record. Individuals who want to remove a conviction from public records must file for an expungement. Learn more about filing for expungement at mdcourts.gov/legalhelp/expungement.

Environmental Racism, Fueling Toxic Exposure and Increasing the Burden of Disease Among Michigan's Communities of Color

Environmental Racism, Fueling Toxic Exposure and Increasing the Burden of Disease Among Michigan's Communities of Color By Jonathan Sharp

 

Due to past racial segregation, the inaccessibility of affordable land, and lack of political power to fight corporations, many communities of color are stuck living near pollution hotspots such as landfills, industrial facilities, airports, truck routes, incinerators, and military bases. This is a phenomenon known as environmental racism and affects numerous Black and Hispanic people across the country. As a result of residing close to sources of toxic exposure, these vulnerable communities have a significantly greater burden of disease than the general population. For instance, Black individuals have the highest mortality rate of any racial and ethnic group for all cancers, whereas cancer is the leading cause of death among Hispanic people, accounting for 20% of deaths. While there are other factors contributing to these unsettling statistics, environmental racism also plays a role.

 

The form of segregation that haunts communities to this day was known as redlining and it was historically used as a tool of discrimination and oppression which prevented communities from enjoying equitable access to housing, healthcare, educational, and employment opportunities. Redlining is so deeply entrenched; its effects of systematic discrimination continue after 94 years in the form of health disparities and wealth inequalities. The term originated from the practice of banks who used red lines to separate neighborhoods that were deemed ‘too risky’ for investment. Without access to mortgage financing, Black and Hispanic families were forced to live in areas with limited resources and poor infrastructure, leading to a greater concentration of minorities in less desirable areas. The state-sponsored Home Owners’ Loan Corporation first organized and institutionalized this practice by using four color-codes who allegedly reflected the worthiness of locals, based on arbitrary and unjust factors. As part of this common pattern in the U.S., the communities of color in New Jersey were forced to live near sources of pollution such as industrial sites, military facilities,and other unfavorable areas such as airports and highways. This practice has caused disproportionate exposure of Black and Hispanic communities to environmental hazards, with effects that persist to the present day.

 

Drinking Water Contaminated with "Forever Chemicals" Increases Cancer Risk in Communities of Color Residing Near Military Bases

 

Also known as PFAS or "forever chemicals" because of their ability to persist in the environment and the human body for a long time, perfluoroalkyl and polyfluoroalkyl substances are now present in the bloodstream of up to 97% of Americans. They have become ubiquitous due to their many uses, and on military facilities, these harmful substances are released by firefighters using AFFF, a fire suppressant containing PFAS in a concentration between 50% and 98%. Since "forever chemicals" are possible human carcinogens, exposure can be responsible for potentially fatal illnesses, such as kidney, testicular, and prostate cancer. 

 

A recent study by Harvard University found that PFAS detection was positively associated with the number of these chemicals' sources and proportions of residents of color who are served by a water system. Each industrial facility, airport, and military fire training area in a community water system's watershed was linked to a 10% to 108% increase in PFOA and a 20% to 34% increase in PFOS in drinking water. As two of the most dangerous substances from the "forever chemicals" class, PFOA and PFOS are also some of the most studied agents. However, PFAS refer to nearly 15,000 different substances.

 

New Jersey is part of EPA’s Superfund mission to clean the nation’s most contaminated land. The state is home to a staggering 115 Superfund sites and a few examples can give you an idea about the scale of the contamination. With 264,000 parts per trillion, Joint Base McGuire-Dix-Lakehurst exceeds the ‘safe’ exposure limit of PFAS by a whopping 66,000 times. Located in Egg Harbor Township and serving central and southern New Jersey, Pennsylvania, and Delaware, Atlantic City International Airport has recorded a level of 87,250 ppt, which is 21,800 times over the limit. Another PFAS hotspot is The Naval Warfare Center Trenton, located in Ewing Township. The site has recorded a level of 27,800, which is lower than the others but still holds significant health risks due to its proximity to the surrounding communities and high toxicity of PFAS even at low levels.

There is a historically strong demographic presence of Hispanics and people of color around the PFAS hotspots. In the communities surrounding Joint Base McGuire-Dix-Lakehurst, Atlantic City International Airport, and The Naval Warfare Center Trenton, Hispanic and Black people make up 56.80%, 24.20%, and 37.80% of the total population. Located to the southeast of Atlantic City, Pleasantville represents an example of the demographic reality, with Black and Hispanics comprising 50% of its population. Due to historical and environmental factors, PFAS will only worsen the communities’ decades-long health challenges, considering their susceptibility to the highly toxic PFAS.

 

Achieving Environmental Justice – An Uphill Battle for Communities of Color

 

Undoubtedly, combating environmental injustice is going to be a very challenging endeavor for Black and Hispanic communities. The status quo is unnerving, as it is actually cheaper for a corporation to pollute communities of color than white communities. Although corporations will receive a fine if they violate environmental laws, the fines tend to be lower in communities of color, particularly Black and low-income communities. Nevertheless, using a combination of grassroots activism and collaboration with private law firms might turn out to be effective in deterring corporations and government entities from polluting communities of color.

 

About the Author

 

Jonathan Sharp is Chief Financial Officer at Environmental Litigation Group, P.C. Headquartered in Birmingham, Alabama, the law firm assists individuals and communities affected by toxic exposure. Jonathan Sharp is responsible for the management of firm assets, case evaluation, and financial analysis.

LDF and Other Civil Rights Organizations Denounce South Carolina Department of Education’s Removal of Course Credit for AP African American Studies

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The Legal Defense Fund (LDF) and other civil rights organizations sent a letter to the Superintendent of the South Carolina Department of Education denouncing its decision to remove course credit for Advanced Placement (AP) African American Studies. The civil rights organizations urged the S.C. Department of Education to restore academic credit for the course, citing the importance of fostering inclusive education for all students.

“All students deserve access to public education that is high-quality, accurate, and inclusive. By eliminating AP African American Studies in the 2024-25 school year, the S.C. Department of Education deprives many students from participating in quality coursework and earning college credit,” said LDF Assistant Counsel Patricia Okonta. “The AP African Americans Studies course has a research-backed curriculum that educates students about the important history, contributions, and perspectives of Black people in the United States—content that is already required by South Carolina law. The S.C. Department of Education’s decision undermines critical efforts to teach this important educational content and promote inclusive school climates. We urge the S.C. Department of Education to reverse its decision and reinstate the course credit for AP African American studies immediately.”

The S.C. Department of Education announced on June 4, 2024, that it would be removing the state course code that provides academic credit for AP African-American Studies, citing a South Carolina budget proviso and pending legislation that directly targets efforts to teach topics related to race and racism that center Black history and Black experiences. As explained in the letter, the decision contradicts current South Carolina state law, the Education Improvement Act of 1984, and state standards and processes for social studies curriculum. Furthermore, it reverses important progress the state has made in teaching historically accurate, racially inclusive K-12 curriculum. Copies of the letter were also sent to the South Carolina Board of Education and the State Education Oversight Committee.

“The S.C. Department of Education must resist the dangerous political attempts to ban and censor the accurate, truthful teaching of Black history. Instead, the Department should advance a statewide agenda that fosters inclusivity and actively encourages educators and students to engage in important discussions about Black history, culture, and experiences—an integral aspect of South Carolina and American history as a whole,” said LDF Senior Policy Counsel Hamida Labi. “Classrooms must not be used as pawns to silence the voices and deny the lived experiences of Black people in America. All South Carolinians benefit when teachers and students can take part in truthful, accurate public education. It is critically important that the Department restore course credit for AP African American Studies.”

The S.C. Department of Education asserts that school districts can still offer AP African American Studies as a “locally-approved honors course,” but this would place undue financial burden on districts and prevent students from being eligible for college credit. Other Black history courses are also noted to be deactivated in the 2025-2026 school year, including Dual Enrollment Black Atlantic and African Diaspora (HIST 363); Dual Enrollment Studies in Black Feminism (AAST 333); and Dual Enrollment Black Women Writers (ENGL 315).

The letter was signed by LDF, the South Carolina State Conference of the NAACP, the ACLU of South Carolina, E3 Foundation, Black Voters Matter, Charleston Jewish Federation, South Carolina Educators Association, and AAUP South Carolina.

Read the full letter here.

Dé Bryant, Ph.D., is the recipient of The History Museum’s 2024 African American Legacy Award.

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Dé Bryant, Ph.D., a professor at Indiana University South Bend is the recipient of The History Museum’s 2024 African American Legacy Award.

The African American Legacy Award is presented annually by The History Museum to celebrate the immeasurable contributions of African Americans in the St. Joseph River Valley, to honor the legacies and achievements of past generations, to shine a light on those in the present, and to influence efforts that will impact the future.

In her three-plus decades in South Bend, people have gotten to know Bryant not just as students in her classroom but also through her many community activities, including her Ubuntu Spirit Project, as a member of the Sisters of the Nile and Company dance troupe, as a co-founder of Black Lives Matter-South Bend, and with her Public Intellectuals Forum program.

Bryant specializes in community psychology and works to bring groups together.

Dr. Bryant says she’s honored to be acknowledged for her work in the community and says she’s just getting started.

“The Social Action Project I founded when I arrived here in 1990, what I want to do now is to continue establishing its roots and then extend it outward nationally as well as internationally,” she said.

Ancestry Unveils New Collection of Newspaper Articles Related to Enslaved People in the United States Pre-1870

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Ancestry®, the global leader in family history, announced the publication of approximately 38,000 newspaper articles related to enslaved people in the United States from 1788-1867. Featuring details on more than 183,000 formerly enslaved people, the new free collection could help millions of descendants discover more about their families. This collection is the latest step in Ancestry's commitment to make culturally significant history that is at risk of being forgotten available to everyone at no cost.

To help contextualize the African American experience during the period of enslavement, Ancestry turned to experts, academics, and historians like Dr. Karcheik Sims-Alvarado, Assistant Professor of Africana Studies at Morehouse College.

"Greater access to these records on Ancestry will enhance understanding of how chattel slavery and the forced movement of enslaved people became normalized in the United States," shared Dr. Sims-Alvarado. "This collection is invaluable for providing descendants of enslaved individuals with insights into their ancestral histories and their forebears' acts of resistance and resilience, despite the Emancipation Proclamation being largely ignored by enslavers, newspaper publishers, and lawmakers. By piecing together individual stories, researchers can construct a more detailed picture of the lived experiences of Black Americans, enriching our collective understanding of history."

This collection features crucial details about more than 183,000 enslaved people including names, ages, physical descriptions and locations. Many of these original newspaper articles contain never-before seen information about enslaved individuals pre-1870 in communities where courthouse and community records were otherwise destroyed or lost. The newspaper articles within the collection contain sensitive content related to the buying and selling of enslaved people that may be distressing or traumatic for some audiences.

"Family history research can be challenging for Black Americans due to the long history of slavery in the United States and the lack of documentation about those who were enslaved," said Nicka Sewell-Smith, professional genealogist and Senior Story Producer at Ancestry. "Exploring the articles in the context of their original publication can help us understand more about how slavery shaped everyday life in the United States and can help descendants of previously enslaved people unearth key discoveries about their family history."

This collection complements the more than 18 million records already available for free on Ancestry that document the lives of formerly enslaved or newly emancipated individuals. This includes Freedmen's Bureau and Freedman's Bank records, select U.S. Federal Census records, and other records of the enslaved.

To help foster a deeper understanding of the period of enslavement and the role newspapers play in chronicling chapters throughout history, Ancestry is hosting community dialogues and education opportunities, including:

• On Thursday, August 1st, 2024, Ancestry will host a panel discussion, "Genealogy & Journalism: Leveraging Primary Source Records to Amplify Storytelling," at the National Association of Black Journalists convention in Chicago.
• We partnered with Bethany Bell from the University of Virginia to equip viewers with critical reading strategies and tools to help prioritize their mental and emotional well-being while reviewing the collection. http://blogs.ancestry.com/cm/enslaved-people-newspaper-collection

Explore the new Articles of Enslavement collection for free here: www.Ancestry.com/Articles-of-Enslavement.