Wolf pushes faster pot pardons
HARRISBURG — Suggesting Pennsylvania should be doing more to provide second chances, Gov. Tom Wolf and other members of his administration highlighted an effort Wednesday to help individuals convicted of nonviolent marijuana-related offenses.
“We need to allow more people to move on from their mistakes,” said Wolf about having the state Board of Pardons expedite applications for pardons from those with low-level marijuana convictions.
“I want to emphasize that while we cut down on the red tape for pardons, these cases are not being rubber stamped,” Wolf said. “I read each recommended case individually and weigh the decision carefully. I factor in the effect a pardon will have on past victims and the likelihood to reoffend. But I also weigh the consequences of people continuing to carry a record when they have turned their lives around. By allowing more cases to be heard through the pardons process, we are treating people like individual human beings. It’s the right thing to do.”
He said too often people are given “a life sentence” for a minor offense. Lt. Gov. John Fetterman later noted these offenses on a person’s record can impact their ability “to get a better job, a better apartment or furthering your education or participating as a volunteer at your child’s school.”
Pennsylvania Board of Pardons Secretary Brandon Flood provided a list of those offenses eligible for an expedited review:
Possession of a small amount of marijuana for personal use.
Possession of a small amount of marijuana with the intent to distribute.
Distribution of a small amount of marijuana but not for sale.
Any paraphernalia-related offenses relating to a marijuana-specific conviction.
Criminal conspiracy relating to a marijuana-specific conviction.
Any felony conviction for the possession of marijuana.
Any marijuana-specific conviction that the secretary of the Board of Pardons deems appropriate for expedited review.
“Now mind you, before you get up in arms about that, there are no guarantees,” said Flood with regard to expedited review of felony conviction pardon requests. “We still have five board members that have the discretion to vote favorably or to deny an application.”
However, Flood indicated that the expedited review process is to be less rigorous than those for violent and more serious crimes.
He said the current pardons process can take about 2.5 years before an applicant gets a public board hearing; he said the hope is the expedited process will result in hearings “within a year or less.”
While none of the speakers could offer a specific number regarding those who could benefit from the expedited process, Fetterman claimed plenty of people are convicted of these offenses every year, so “tens of thousands” could be eligible for the opportunity at an expedited pardon review.
“Anyone with a marijuana-related, nonviolent possession or paraphernalia charge is encouraged to apply for a pardon, for free, and have his or her application expedited,” Fetterman said. Flood said the process to apply for a pardon is available on the Board of Pardons website, with information regarding the expedited process to soon be added.
Wolf, Fetterman and Flood all suggested the state General Assembly should pass legislation decriminalizing marijuana, as well as legalizing adult-use recreational marijuana. But they noted those efforts could take longer, and speeding up the pardons process for some marijuana-specific convictions is something the administration can do now.
Flood said some have questioned the necessity of an expedited pardon review process when current law provides for Accelerated Rehabilitative Disposition of certain cases and Pennsylvania now has a Clean Slate law. ARD is intended to encourage offenders — usually first-time offenders or those charged with low-level offenses — to make a fresh start after participation in a rehabilitative program.
Flood argued that district attorneys determine who will be enrolled in ARD, which he said can cost between $1,100 and $3,000.