Will Texas pardon marijuana convictions too? As Biden urges Abbott, O’Rourke weighs in
President Joe Biden says he’s pardoning people convicted of federal marijuana possession crimes, but Texas doesn’t appear poised to follow suit for state convictions.
Biden on Thursday announced the pardon of “all prior federal offenses of simple possession of marijuana” and called governors to do the same for state offenses.
“Just as no one should be in a federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either,” Biden said in a statement.
A spokesperson for Abbott in a Thursday statement shut down Biden’s request.
“Texas is not in the habit of taking criminal justice advice from the leader of the defund police party and someone who has overseen a criminal justice system run amuck with cashless bail and a revolving door for violent criminals,” spokesperson Renae Eze said in an emailed statement. “The Governor of Texas can only pardon individuals who have been through the Texas Board of Pardons and Paroles system with a recommendation for pardon.”
Abbott, a Republican governor whose administration regularly clashes with Biden’s, has in the past voiced openness to decreasing the penalties for low-level marijuana possession. In a Star-Telegram candidate questionnaire ahead of the March primary, Abbott said he doesn’t want to see “jails stockpiled with people who were convicted with possession of small amounts of marijuana.”
“I remain open to talking with the legislature about reducing the penalties of possession of small amounts of marijuana from a Class B misdemeanor to a Class C misdemeanor,” Abbott said at the time.
Possession of two ounces or less of marijuana is a Class B misdemeanor in Texas. A conviction can carry up to 180 days in jail and a maximum $2,000 fine. The penalty increases to up to a year and jail and a maximum $4,000 fine for possessing two to four ounces, which is a Class A misdemeanor. More than four ounces can be a felony.
Beto O’Rourke, the Democratic challenger for governor, has called for the legalization of marijuana, a position he reiterated in a tweet shortly after Biden’s announcement Thursday. Some Texans have limited access to medical marijuana for the treatment of conditions like epilepsy, seizures and post-traumatic stress disorder.
O’Rourke tweeted that as governor, he would “expunge the records of those arrested for marijuana possession.” A pardon grants certain rights back to person convicted of a crime but doesn’t remove an offense from a person’s criminal record, whereas an expunction erases public arrest records related to a conviction.
“Beto will champion legislation that legalizes marijuana and expunges the records of those arrested for marijuana possession,” spokesperson Chris Evans told the Star-Telegram in a text message. “He will sign that legislation into law.”
Biden on Thursday also asked the secretary of Health and Human Services and the attorney general to initiate the review of how marijuana is scheduled under federal law. It’s currently classified as a Schedule 1 controlled substance, the same category as heroin and LSD. He stressed that marijuana regulation on a state and federal level should continue to include limits on trafficking, marketing and under-age sales.
“Too many lives have been upended because of our failed approach to marijuana,” the statement reads. “It’s time that we right these wrongs.”
This story was originally published October 6, 2022 at 4:50 PM.
