Kentucky Governor Andy Beshear introduced on Thursday that he has directed his administration to discover issuing pardons for all convictions of straightforward marijuana possession. Beshear’s announcement follows President Joseph Biden’s transfer final week to pardon all federal convictions for low-level weed possession and a name for governors to take related motion on the state stage.
Beshear famous that regardless of polls exhibiting that 90% of Kentuckians assist legalizing the medical use of hashish, the state legislature didn’t move a medical marijuana legalization invoice earlier this yr. He added that lawmakers’ refusal to approve the measure has left “these affected by Alzheimer’s, ALS, most cancers, extreme and persistent ache, epilepsy and seizures, post-traumatic stress dysfunction and different situations with out entry to medical hashish for aid.”
The governor mentioned that he was not notified upfront that Biden would announce the federal pardons for marijuana possession and ask the states to observe go well with. Beshear added that whereas there are variations between state and federal legislation, he has requested the Administrative Workplace of the Courts (AOC) for extra info on what number of Kentuckians may very well be eligible for a state pardon for a conviction of low-level hashish possession.
“Let me be clear, I agree that nobody needs to be in jail merely due to possession of marijuana,” Beshear said in a statement from the governor’s workplace on Thursday. “I do know the overwhelming majority of Kentuckians demand medical hashish be legalized, and I’m dedicated to preserving Kentuckians up to date as we evaluation the knowledge and make plans to maneuver ahead.”
Biden Pronounces Federal Hashish Pardons
Beshear’s announcement that he would contemplate pardons for marijuana possession follows Biden’s announcement final week that he would take related motion for all federal felony convictions for easy marijuana possession. Beneath the plan, about 6,500 federal convictions could be pardoned, whereas 1000’s extra convictions within the District of Columbia would even be eligible for aid.
“As I typically mentioned throughout my marketing campaign for President, nobody needs to be in jail only for utilizing or possessing marijuana. Sending individuals to jail for possessing marijuana has upended too many lives and incarcerated individuals for conduct that many states now not prohibit,” the president mentioned in a press release on October 6. “Felony information for marijuana possession have additionally imposed pointless limitations to employment, housing, and academic alternatives. And whereas white and Black and brown individuals use marijuana at related charges, Black and brown individuals have been arrested, prosecuted, and convicted at disproportionate charges.”
At a press briefing, Beshear mentioned that he agreed with the president’s views. He additionally famous that state and federal legislation differ, including that marijuana possession is a misdemeanor within the Bluegrass State, quite than a felony.
“No one ought to ever go to jail for easy possession of marijuana and proper now, in Kentucky, they don’t,” said Beshear.
However the governor famous that even misdemeanor convictions carry the collateral penalties talked about by Biden.
“Having a misdemeanor in your document isn’t a small factor,” Beshear said at his weekly information convention. “We wish to understand how many individuals this may apply to. So we’ve requested AOC … to get us that info.”
Kentucky Program Gives Expungement
Beshear added that Kentucky at present has a program to difficulty expungements for easy marijuana possession convictions.
“You may get this eliminated out of your document fully — which means in case you undergo the method, it wouldn’t even present up on a search,” mentioned Beshear. “A pardon is completely different. A pardon would present up on that search, if not expunged. Then, you would supply proof of your pardon.”
However the governor mentioned that he’s nonetheless exploring pardons as a result of they could assist some individuals, saying “I’m actively contemplating what he’s requested, although it doesn’t have the identical results of pardoning felonies that it does underneath the federal system.”
“I’m simply making an attempt to set out the context that issues are just a little completely different right here in Kentucky, however nonetheless, some individuals could have a tough time getting a job due to a misdemeanor easy possession conviction,” he added.
Beshear mentioned that his administration would evaluation the president’s request and decide the way it may very well be greatest carried out in Kentucky.
“We’re taking this info into consideration and hope to have new steps to announce right here within the close to future,” the governor mentioned.
Panel Finds Sturdy Help For Legalizing Medical Marijuana
Biden’s announcement of federal pardons got here solely two days after Beshear reported {that a} panel he fashioned to advise him on hashish reform in Kentucky has acquired overwhelming assist for the legalization of medical marijuana. The governor mentioned that the Workforce Kentucky Medical Hashish Advisory Committee discovered that many Kentuckians who are suffering from persistent medical situations aren’t being helped by conventional painkillers and worry the potential of habit posed by opioids. Kentucky is certainly one of 10 states that allow sufferers to make use of low-THC hashish oil, however stronger marijuana merchandise are nonetheless prohibited by legislation.
“Polling suggests 90% of Kentucky adults assist legalizing medical hashish. Our group traveled the state to speak on to Kentuckians, and so they discovered our individuals do certainly overwhelmingly assist it,” Beshear said in a statement from the governor’s workplace on September 30. “I recognize the work of those that participated, and I’m taking this info into consideration as I analyze what steps I can take to legalize medical hashish for these affected by persistent, debilitating medical situations.”