Pennsylvania’s one-time marijuana pardon program could be life-changing for thousands of state residents, although data from a local think tank suggests many Lehigh Valley offenders could be shut out of the program.
Chris Goldstein, NORML’s Pennsylvania, New Jersey and Delaware regional organizer, told the Associated Press 13,000 people who were arrested for marijuana use last year could potentially benefit from the Pennsylvania pardon effort. Hundreds of thousands could apply, he said.
It’s unclear how many Lehigh Valley residents could benefit from the program, although data compiled by the Lehigh Valley Justice Institute suggests thousands of offenders could be shut out by the program’s narrow restriction: it applies only to individuals convicted of marijuana possession. Individuals with any other criminal conviction are not eligible.
More than 4,500 marijuana-related criminal cases were opened in Northampton and Lehigh counties between Jan. 1, 2017, and March 31, 2021, the period studied by the Lehigh Valley Justice Institute.
Police tacked on thousands of additional charges when they charged individuals with marijuana possession during the period of the study. They filed 3,944 driving-related charges against individuals charged with marijuana crimes during the period of the study.
Police filed 1,911 additional counts of driving under the influence and 1,493 additional drug counts, the institute determined.
People convicted of crimes in addition to marijuana crimes can apply for clemency from the state, but they are not eligible for the one-time marijuana pardon program that runs through the end of the year.
Wiping away a marijuana conviction can be life-changing, according to Lehigh Valley Justice Institute Executive Director Joseph Welsh.
“A criminal conviction can be an impediment to employment,” Welsh said. “It certainly can be an impediment to housing, specifically affordable housing. There are data services that grab this stuff and serve it up to potential landlords and employers.”
While he praised the pardon program, its narrow limits won’t help many low-level offenders.
“At least it’s a step in the right direction,” he said.
It doesn’t make a lot of sense to prosecute someone for marijuana crimes in Pennsylvania when they can walk across the free bridge and buy it legally in New Jersey, Welsh said.
Only 8% of the tacked-on crimes were felony crimes for the marijuana cases reviewed by the Justice Institute. Only 4% of the tacked-on crimes were violent crimes, the institute found.
If we stopped prosecuting marijuana cases in Pennsylvania police could focus more on preventing other crimes, Welsh said.
“Do you think the average police officer wants to deal with this nonsense when there are serious crimes going on?” he asked. “Why are we throwing all these resources away?”
Although people with additional convictions are not eligible for the program, people are eligible to apply regardless of how long ago they were convicted. You must apply online by Sept. 30.
After you apply, you’ll learn in October whether your case merits a board review. The board will make recommendations on cases in December and the governor plans to grant the pardons before the end of the year.
If you get a pardon, you can go to the county in which your offense took place and ask that your record be expunged.
Welsh said 16% of all Lehigh Valley criminal cases during the period of the study included a marijuana crime.
This chart shows different offenses charged alongside marijuana charges in the Lehigh Valley from Jan. 1, 2017, to March 31, 2017.Courtesy of the Lehigh Valley Justice Institute
This chart shows the level of offenses charged alongside marijuana charges in the Lehigh Valley from Jan. 1, 2017, to March 31, 2017.Courtesy of the Lehigh Valley Justice Institute
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Rudy Miller may be reached at rmiller@lehighvalleylive.com.
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