PA Board of Pardons: Expedited Review for Marijuana Convictions

The Pennsylvania Board of Pardons (BOP) has now implemented an expedited review program for non-violent marijuana-specific convictions to speed up the process.

A pardon relieves the convicted party of any “legal disability” resulting from their conviction. These disabilities may include the right to: vote, be a juror, be in public office, bear arms, serve in the military, obtain and carry a firearm, and travel internationally. A pardon does not clear your record of the offense, but you may apply for expungement of your record after a pardon.

According to the BOP, it takes about 2.5 years from receipt of your application until the Board reviews your application to determine if a hearing will be granted. However, earlier this year, Governor Wolf and his administration called for legislation to decriminalize non-violent marijuana offenses. After the Governor’s call for action, the BOP announced it would accept expedited pardon applications for non-violent, marijuana-related convictions.

While now accepting expedited applications, the BOP notes in the applications it will put “less of an emphasis on how recent the conviction is, and more of an emphasis on how compelling the applicant is at demonstrating how a pardon would improve their overall quality of life.”

To be eligible for the expedited review program the conviction must be one of the following:

• Possession – small amount of marijuana for personal use; or small amount of marijuana with the intent to distribute
• Distribution: small amount of marijuana – not for sale
• Paraphernalia: marijuana-specific conviction relating to the possession with intent to use drug paraphernalia, the delivery of or possession with intent to deliver or manufacture with intent to deliver drug paraphernalia, or the unlawful advertisement/promotion of sale of drug paraphernalia
• Criminal conspiracy: underlying marijuana offense
• DUI: must be lawful medical marijuana cardholder in Pennsylvania at time of the offense
• Any felony marijuana conviction for possession with the intent to deliver a controlled substance
• Any marijuana-specific conviction the Secretary of the Board of Pardons deems appropriate

However, if you have not been convicted yet, have a criminal conviction classified as violent, or have a conviction for driving under the influence of marijuana without having a medical marijuana card at the time, you are ineligible for expedited review.

To learn more about the program or apply for expedited review click here.