McCann PSA Makes a Cameo in Historic Weed Pardons in Maryland

As the U.S. appears poised to remove cannabis from the most restrictive class of drugs—opening up significantly more marketing potential for the category—the governor of Maryland signed a sweeping pardon for 175,000 residents convicted of minor weed offenses.

The move, announced on Monday, comes amid heightened attention in a presidential election year and a sea change in American attitudes about cannabis: more than 70% of people polled think it should be legal, a leap from 50% a decade ago, per Gallup. So far, 38 states have legalized weed for medical sales, while 24—including Maryland—allow recreational sales.

During a news conference and on his social accounts, Maryland’s democratic Gov. Wes Moore called his action “the most sweeping state-level pardon” in the country’s history. Timed to coincide with Juneteenth, the national holiday marking the end of slavery, the order aims to clear the records of those caught up in the war on drugs, which disproportionately targeted communities of color.

“We cannot celebrate the benefits of legalization if we do not address the consequences of criminalization,” Moore said.

While its far-reaching approach grabbed headlines, Maryland is leaning into an ongoing trend. Officials in several states—with California, New York, New Jersey and Illinois leading the way—have pardoned hundreds of thousands of low-level cannabis offenders over the past several years. Those executive orders line up with Pres. Joe Biden’s 2022 pardon of some 6,500 federal convictions for non-violent weed possession and similar charges.

‘The Pen to Right History’

The effort in Maryland, which launched recreational sales last summer, includes a symbolic reference to a pro bono campaign from McCann New York for the Last Prisoner Project. 

To pass the clemency order, Moore signed his name with the hero prop from the agency’s mini-documentary called “The Pen To Right History.” The emotional long-form PSA focused on both personal stories and systemic ills, urging the public to lobby their elected officials for criminal justice reform and the release of cannabis inmates. (The number is estimated at 40,000 nationwide).

That particular pen has a considerable amount of mileage on it—LPP says it has been used by family members around the country to plead for clemency for their loved ones. And Moore’s order serves as a challenge to other governors to follow suit, according to LPP’s executive director Sarah Gersten.

“At the same time that some are poised to profit off of this burgeoning industry, millions more remain burdened by the collateral consequences of a cannabis conviction,” Gersten said in a statement, noting the pardons are a “crucial step in beginning to right the wrongs of our failed approach to cannabis policy.”

Moore’s order does not free those currently incarcerated for cannabis offenses in Maryland. Rather, it expunges the records of about 150,000 residents who were convicted previously of minor possession charges and another 20,000-plus for possessing drug paraphernalia.

Emily Paxhia, a cannabis analyst and investor, says the pardons expose “the flimsy lip service” of the federal government on weed policy that has “failed to show progress for the industry, patients or criminal justice reform.”

The strongest moves “appear to be sourced outside the halls of Congress,” said Paxhia, managing director and co-founder at Poseidon. “We will continue to watch for state and local-level efforts as they respond to their bipartisan constituents’ desire to see cannabis reform.”

Election year heat

In the run-up to this fall’s presidential election, there’s significant buzz around the cannabis industry, which is expected to reach $46 billion in legal sales by 2028, according to forecasts from BDSA.

Voters in Florida, a thriving medical market with $2 billion in annual sales, will decide on their November ballots if the state will allow adult-use sales. If the carefully watched measure passes, the state’s green rush could triple in value to $6 billion annually, per Headset, boosting the industry’s bottom line.

Meanwhile, at Biden’s urging, federal agencies are considering a move that would put cannabis into Schedule III (with anabolic steroids and ketamine), taking it out of Schedule I (where it currently sits with heroin and ecstasy).

Boosted ad spend

Such a change could have a profound effect on marketing in the sector, industry veterans say, with more publishers and platforms welcoming weed ads. The Cannabis Media Council, a trade organization, thinks rescheduling will “open up more mainstream direct-to-consumer channels” that have previously restricted or refused weed money, per co-founder Joyce Cenali.

Under rescheduling, cannabis companies themselves would be freed from a tax burden, the onerous 280E, that has not allowed them to write off everyday business expenses. (For the first time, for instance, canna brands will be able to deduct rent, salaries, insurance and marketing costs).

Cannatech firm Surfside predicts “a 35% to 80% increase in advertising investments” in a post-280E world. Brands and retailers are already calculating the difference between then and now, planning to amp up their paid media.

“The removal of 280E would increase our net revenue after taxes by about 25%,” per Paul Lepore, president of Happy Days dispensary on Long Island, N.Y. “This higher net revenue number, commingled with the ability to write off marketing expenses, would be enough persuasion to increase our marketing budget by about 200%.”

Rescheduling could “open seven to eight figures in annual impact,” according to Courtney Zalewski, chief brand officer and CMO at California-based dispensary chain Embarc. 

“We don’t know yet if this will open traditional channels and ease advertising restrictions, or how creative and marketing departments grow as a result,” Zalewski told ADWEEK. “Our hope is that it will allow a new level of maturity and sophistication we have yet to see in cannabis marketing.”