Another Governor Nixes Biden's Pardons, But In This State, Voters May Take Matters Into Their Hands

The marijuana legalization initiative in Missouri, known as Amendment 3, has been making headlines recently, mostly thanks to its opponents who are campaigning against it. Now, the measure is getting positive attention because of provisions expunging cannabis-related offenses either automatically or through an appeals process. 

With President Biden recently pardoning all prior federal offenses of simple cannabis possession and urging state governors to do the same, expungement provisions under Amendment 3 have become a topic of discussion. Especially since Governor Mike Parson’s office said he will not follow President’s recommendation and issue a mass pardon for state cannabis offenses, reported KCUR. 

While the measure suffered many attacks in recent months, with opponents arguing that it would prevent minorities from entering the cannabis industry, or that it doesn't allow courts to stop drivers' use of marijuana in case of those charged or convicted of killing someone while driving under the influence of cannabis, this time the main point in question is the expungement-related provision.

'Pick And Choose'

Opponents argue that under the amendments, those to be pardoned will be randomly chosen. 

Under the legislation, people currently on parole or probation for simple cannabis-related offenses would have their sentence automatically vacated and later scrubbed from their record. Those incarcerated for the same type of violations would be allowed to petition the court to vacate the sentence, release them from jail and clean their records. 

Under the amendment, more serious offenses, like selling cannabis to minors or driving while impaired would not qualify for forgiveness. 

Rep. Ashley Bland Manlove (D), an one of the opponents of the measure claims that people doing time in prison won’t have a universal appeal process. 

“If you're serving right now, you have to still appeal to the court. And it's based off of judicial discretion, which we know does not work out for poor and melanated peoples,” Manlove said. 

According to John Payne, of the Legal Missouri 2022 campaign, the state’s existing expungement process is expensive, therefore the new bill could provide offer improvement. 

“The hundreds of thousands of people that are eligible for it, there's only a few thousand that have actually done it. And so, by automating that process, we're going to be able to get those expungements done much quicker and much more efficiently,” Payne said. 

Payne explained that the governor would not have a veto right on any of the expungement processes included in the bill, while he would be able to pardon those cannabis offenses that were not highlighted in the measure.

“He retains that power for anything else,” Payne said. 

How Do Missourians Feel About Legalization? 

Just under half (48%) of Missouri voters are in favor of the cannabis legalization initiative, according to a recent poll from Emerson College Polling and The Hill.

While the survey shows that less than a majority of Missourians back legalization, it is important to mention that only 35% are against it, and 17% remain undecided. 

Seeing that many Missourians are undecided on the measure, which also has a lot of opponents, chances for Amendment 3 passage until recently looked very slim. But, now with Biden’s recent move, it could be possible that the sentiment is changing. The question is – would it change enough before the Nov. ballot?

Photo: Benzinga Edit; Sources: Office of Missouri Governor on Wikimedia Commons and Robert Nelson on Unsplash