Biden calls on governors to pardon marijuana offenses. Will Parson and Kelly listen?

President Joe Biden on Thursday called on the governors of all 50 states to pardon all prior state offenses for simple possession of marijuana.

Missouri lawmakers and marijuana legalization advocates quickly called on Republican Gov. Mike Parson to heed Biden’s request, which came roughly a month before Missourians are set to vote on legalizing recreational marijuana.

“It’s about time, and Missouri leaders should immediately follow Biden’s lead on this,” said state Rep. Peter Merideth, a St. Louis Democrat.

Biden announced a blanket pardon for federal convictions for simple possession, noting that “Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

Kelli Jones, Parson’s spokesperson, said indicated that the Republican Missouri governor would not follow Biden’s request and would instead issue pardons on a case-by-case basis.

“President Biden’s action is limited to individuals who violated federal law and does not implicate state law in any way,” the statement said. “In Missouri, those with criminal records can apply for expungement under state law. Governor Parson has used his state constitutional authority to grant pardons to individuals who demonstrate a changed life-style, commitment to rehabilitation, contrition, and contribution to their communities – rather than as a blanket approach to undermine existing law.”

Biden’s push could put pressure on Kansas Gov. Laura Kelly, a Democrat whose state strictly prohibits marijuana use. Kansas Treasurer Lynn Rogers, who previously served as Kelly’s lieutenant governor, urged the governor to follow Biden’s advice.

“These pardons and the move to decriminalize marijuana are the first steps in restoring justice to our communities and recognizing the economic benefits of legalization,” Rogers said on Twitter. “I echo the call for Kansas to follow suit.”

Kansas pardon law, however, does not appear to allow for blanket pardons. Kelly’s office said she was focused on legalization of medical marijuana and was non-committal about future pardons.

“Governor Kelly is focused on legalizing medical marijuana so that Kansans with severe illnesses no longer have to suffer. She will continue to consider all clemency and pardon requests based on a complete and thorough review of the individual case,” Kelly spokeswoman Brianna Johnson said.

Governors who follow Biden’s lead at the state level would have a much bigger impact on pardoning those who have been charged with simple possession. Relatively few people are federally convicted for simple possession of a drug.

In the 2021 fiscal year, just 309 people faced federal convictions for possession of any type of drug and drug possession cases have been on a downward trend for the past five years, according to the U.S. Sentencing Commission. Marijuana made up just 5.7% of federal drug cases.

Barry Grissom, who served as the U.S. attorney for the District of Kansas under Democratic President Barack Obama, said Biden’s pardons are “very promising.” In particular, he welcomed Biden’s call for governors to follow suit.

Grissom, who has become a vocal advocate for marijuana legalization, said he hopes Kelly and other governors will follow Biden’s lead.

“This shows that this is just a seismic shift” in how cannabis use and cannabis prosecutions are viewed, he said, demonstrating “how it’s changed in a relatively short period of time.”

Missourians can vote on Amendment 3 to expunge in November

In Missouri, voters will decide Nov. 8 whether to approve a constitutional amendment that would legalize adult recreational marijuana use. Even if Parson declines Biden’s call, the ballot measure, if approved, would automatically expunge the criminal records of people who were previously charged with nonviolent marijuana offenses.

Parson has previously excoriated the Amendment 3 ballot question on marijuana as “a disaster,” contending that the proposed amendment is too lengthy and confusing.

“We certainly would support pardons and expunging the records of possession offenses and that’s something that Amendment 3 will do automatically for folks,” said John Payne, campaign manager for Legal Missouri 2022, the group which crafted the amendment.

“We would not be opposed to the governor taking action prior to that, but we’re also happy to see the voters act on it.”

Eapen Thampy, a Jefferson City-based marijuana legalization advocate who has opposed the ballot question for largely benefiting already established medical marijuana businesses, said Biden’s call represented a “victory for civil liberties.” He urged Parson to follow the president’s lead. In 2020, Thampy pleaded guilty to a felony offense of distributing 100 pounds of marijuana in 2018.

“It is our hope that Missouri Governor Mike Parson will also establish a general pardon for marijuana offenders here in Missouri,” Thampy said in a statement. “I am excited to continue working to finally end prohibition in Missouri and in our great country.”

Missouri Democrats on Thursday championed Biden’s call and put pressure on Parson to act before the marijuana vote in November.

“Too many lives have been upended by this misguided and failed approach to weed. I encourage Gov. Parson to follow in President Biden’s footsteps and do the same,” said state Sen. Lauren Arthur, a Kansas City Democrat.

“I know that if the governor fails to pardon these folks, voters will have the chance to weigh in during the general election in November, and I’m pretty confident that they’re going to agree that this is the right thing to do.”

Missouri law appears to limit Parson’s ability to immediately issue blanket pardons like Biden’s action on marijuana.

Under the Missouri constitution, clemency applications – which can include requests for full pardons or sentence commutations – are reviewed by the Missouri Board of Probation and Parole, which makes recommendations to the governor.

The board is independent from the corrections system, with seven members appointed by the governor and confirmed by the Senate. No more than four may be from the same political party.

Parson has settled into a routine of issuing pardons and commuting sentences on a monthly basis, often around 20 each time.

State Sen. Denny Hoskins, a Warrensburg Republican, said in a statement that simple possession of marijuana should not be an incarcerated offense. He stopped short of calling on Parson to follow Biden’s advice, saying the Republican governor should review each pardon on a “case-by-case basis.”

“Our prison system should be for violent and sexual offenders and we should consider other treatment methods for non-violent offenders,” he said.

Kansas strictly prohibits marijuana possession

Kelly has unsuccessfully pushed for medical marijuana in the state, but Kelly’s office didn’t immediately respond to questions about whether she would use that power to erase marijuana convictions.

The Democratic governor is currently locked in a tough reelection battle with Kansas Attorney General Derek Schmidt, the Republican nominee.

Kelly has made more use of her clemency powers than is typical for Kansas governors, who have historically been reluctant to exercise their pardon power. Kelly last summer issued pardons for three Kansans and commuted sentences for five others.

In Kansas, state law requires applications for pardon and clemency to undergo a review process.The Prisoner Review Board reports to the governor on each application within 120 days of receipt. The governor is prohibited from granting a pardon or commuting a sentence until either 120 days has passed or the board submits its report, whichever happens first.

Kelly and Schmidt sparred over marijuana policy in a debate Wednesday. Kelly was careful to limit her support to medicinal uses.

“I have often said that we won’t do this like Colorado did it where there really was a shop on every corner. This will be a very well regulated industry,” Kelly said. “We will not let it spread like wildfire.”

Schmidt, who has served as Kansas’ top law enforcement official for more than a decade, has been more reluctant to support legalization.

In 2016, years after Colorado began recreational sales Schmidt’s office released a report on the impact and said there was evidence marijuana was “readily flowing” into Kansas. Earlier this year, Schmidt cracked down on the sale of delta-8 hemp products arguing the amount of THC in the products made them illegal substances in Kansas.

At Wednesday’s debate Schmidt acknowledged public opinion had moved in favor of some legalization and said doctors should be permitted to treat “some heart-wrenching humanitarian cases” with whatever substances are appropriate.

“The challenge from a governor’s standpoint is to have leadership that says ‘how do we accomplish that widely shared view without flinging open the doors, doing this the wrong way and turning Kansas into Oklahoma or Colorado?’” Schmidt said.

Kansas is one of just 13 states that prohibits medical marijuana.

Marijuana is currently classified in the same category as heroin and other highly addictive drugs under the federal Controlled Substance Act, a fact which has often been pointed to by legalization opponents in the Kansas Senate as a reason to not pursue medical marijuana in the state.

In addition to his pardons, Biden Thursday set in motion the process for a new federal classification, which would help give the green light to legalization in Kansas by eliminating the major barriers cited by lawmakers.

Rogers, the Democratic state treasurer, said in a campaign release that changing the classification would eliminate key barriers for Kansas law enforcement and banking that could help “free up our economy.” He cited Tax Foundation data that said Kansas could have earned an additional $42 million in 2020 if marijuana was fully legalized.

“We also cannot ignore that the outcome of years of targeting Marjiuana crimes has meant multi-generational damage to low income and marginalized Kansans that could not afford attorneys or they didn’t have the connections to avoid prosecution,” Rogers said in a statement. “Any move to legalize must include restitution and expungement of prior non-violent convictions.”

The Star’s Jonathan Shorman and Daniel Desrochers contributed reporting.