Are marijuana pardons urged by Biden possible in NC? Gov. Cooper orders review
Gov. Roy Cooper said Friday he supports President Joe Biden’s decision to pardon people convicted of simple marijuana possession under federal law, and has requested a review of North Carolina law to determine if similar action can be taken at the state level.
In a statement, Cooper, a Democrat, said it was important to keep people safe from violent crime and make the criminal justice system fairer. He said he had asked lawyers to examine state law to see “if there is action we can and should take.” In the meantime, he urged state lawmakers to take action on marijuana as well.
“The President’s actions are in line with North Carolina’s Task Force for Racial Equity in Criminal Justice I appointed that recommended decriminalizing possession of small amounts of marijuana,” Cooper said. “While the General Assembly has not yet acted on this, I believe it should. We need to end this stigma that can keep people from getting jobs and make sure law enforcement keeps its focus on fighting violent crime, drug traffickers and other threats to safe communities.”
Cooper weighed in on the possibility of pardons after Biden announced Thursday he was pardoning thousands of people who were convicted of simple possession and may have been denied jobs, housing or educational opportunities due to their records. To address similar convictions under state laws, Biden urged governors to pardon “simple state marijuana possession offenses” as well.
“Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason, either,” Biden said on Twitter.
Biden also announced he had asked leaders of the Department of Justice and Department of Health and Human Services to review the current classification of marijuana under federal law as a Schedule I drug, the same classification as heroin, and a stricter classification than fentanyl, which he said “makes no sense.”
NC Attorney General says he supports Biden’s action
The pardons issued by Biden also gained the support of Attorney General Josh Stein, a fellow Democrat. In a statement, Stein said adult use of marijuana should be decriminalized, and North Carolinians convicted of similar charges at the state level should have their records expunged.
“People should not have a federal criminal record for something that is legal in an increasing number of states,” Stein wrote. “I look forward to working with the legislature in the coming months to help move NC forward as well.”
The News & Observer asked the offices of Senate leader Phil Berger and House Speaker Tim Moore, the Republican leaders of the state legislature, if they would support pardons for similar offenses being issued in North Carolina, but did not receive a response in time for publication.
‘A watershed moment’
State Rep. Kelly Alexander, a Democrat from Charlotte and longtime advocate for marijuana legalization, applauded Biden’s decision and said he hoped Cooper would “follow suit” with pardons at the state level.
“This is a watershed moment,” Alexander said in an interview. “Many of us have been urging a review and some movement and an increase in fairness on this issue for a decade.”
Alexander said he planned to personally reach out to Cooper and urge him to issue a pardon for everyone convicted of a simple possession offense under state law. He also said he would ask fellow members of the Legislative Black Caucus and House Democratic Caucus to join him in lobbying the governor.
Since being elected to the state House in 2008, Alexander has filed multiple bills to loosen marijuana restrictions, from full legalization to legalization for medicinal uses and amending criminal sentences for possession. Those bills haven’t passed the legislature, either under Democratic control or in the past decade under Republicans, but a bill to legalize medical marijuana passed the state Senate in June, before stalling in the House.
Alexander said he hoped Biden’s announcement, a significant shift in federal policy on marijuana, would reignite momentum to pass Senate Bill 711, the medical marijuana legalization bill, and take a step toward full legalization.
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This story was originally published October 6, 2022 at 6:09 PM with the headline "Are marijuana pardons urged by Biden possible in NC? Gov. Cooper orders review."
